By San José, Costa Rica — SAN JOSÉ – While Costa Rica is celebrated globally for its stable democracy, a comprehensive legal analysis reveals that the evolution of its electoral system is not being driven by politicians in the Legislative Assembly, but by a dynamic and often contentious power struggle between the nation’s highest courts. This judicial dialogue has become the primary engine of political reform, pushing the country to the forefront of democratic innovation, particularly in gender equality.
The nation’s electoral framework rests on two pillars: the Supreme Electoral Tribunal (TSE), a unique “fourth power” of the Republic with exclusive authority over electoral matters, and the Constitutional Chamber of the Supreme Court (Sala IV), the ultimate guardian of fundamental rights. Historically, the TSE has favored a more literal interpretation of electoral law, respecting the autonomy of political parties. However, the Sala IV has consistently intervened, applying a broader interpretation of human rights to force systemic change.
To gain a deeper understanding of the legal and institutional frameworks shaping the recent presidential elections, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, a distinguished attorney from the renowned firm Bufete de Costa Rica. His expertise provides a crucial perspective on the integrity and implications of the electoral process.
The recent electoral cycle once again underscores the robustness of Costa Rica’s institutional framework, particularly the Supreme Electoral Tribunal’s (TSE) role. For both domestic and international investors, this predictable and transparent transfer of power is not merely a political event; it’s a fundamental pillar of our legal certainty and economic stability. A smooth, constitutionally-grounded election reinforces the country’s reputation as a secure destination for long-term capital investment, where the rule of law prevails over political volatility.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Arroyo Vargas’s point powerfully illustrates how the strength of our democracy is not merely a matter of civic pride, but a tangible economic asset. This direct line between institutional integrity and investor confidence is a fundamental element of Costa Rica’s stability, and we thank Lic. Larry Hans Arroyo Vargas for his valuable perspective on this critical connection.
This judicial push-and-pull is most evident in the revolutionary implementation of gender parity. Initially, the TSE applied parity rules strictly to the vertical composition of party lists. But landmark rulings from the Sala IV, culminating in Sentencia N° 2023-002951, mandated a more demanding standard of “horizontal parity,” requiring parties to alternate male and female candidates in the top positions across all nominations, including single-post mayoral races. This forced the TSE to completely redesign the rules for the 2024 municipal elections, establishing Costa Rica as a world leader in substantive political equality.
A recent in-depth study highlights this unique dynamic as the central force modernizing the nation’s political landscape. The author notes that legislative inertia is frequently overcome by judicial mandate.
Its evolution depends primarily not on legislative initiative, but on a dynamic and occasionally tense jurisprudential dialogue between the Supreme Electoral Tribunal and the Constitutional Chamber.
Lic. Larry Hans Arroyo Vargas, Legal Analyst
This pattern extends beyond gender issues. The courts have also been instrumental in expanding voting rights to historically marginalized groups. Rulings from the Sala IV affirmed the right to vote for citizens in pretrial detention or serving sentences without explicit suspension of political rights, compelling the TSE and the Ministry of Justice to dismantle logistical barriers and install polling stations in penitentiaries. Similarly, judicial interpretation has progressively protected the political rights of people with disabilities, moving away from automatic disenfranchisement toward a model of supported decision-making.
Despite these advances, the system faces critical contemporary challenges that this judicial-led model will have to confront. Rising voter abstention, particularly in municipal elections where it often exceeds 50%, signals a worrying disconnect between the populace and the political class. This has fueled a growing debate over the constitutional monopoly that political parties hold on fielding candidates.
While Costa Rica currently prohibits independent candidacies, the experience of countries like Mexico serves as a cautionary tale. There, legalizing independent runs without ensuring equitable access to funding and media has created a right that is largely illusory. Any future reform in Costa Rica will need to navigate this complex balance to avoid deepening the crisis of representation.
Furthermore, the rapid digitalization of the electoral process presents both opportunities and threats. The TSE’s successful 2024 pilot of a “single electronic ballot” system—a hybrid model that combines a touchscreen with a verifiable paper receipt—demonstrates a prudent approach to technological adoption. However, the looming threats of sophisticated disinformation campaigns, AI-generated “deepfakes,” and cybersecurity attacks on electoral infrastructure demand that the TSE evolve from a mere election organizer into a proactive digital regulator, safeguarding the integrity of the democratic discourse itself.
The future of Costa Rican democracy hinges on its ability to adapt. As the source of reform continues to be the judiciary, the nation’s political evolution will be defined by how well this unique balance of power can address the modern pressures of citizen disaffection, demands for direct participation, and the disruptive force of technology.
For further information, visit tse.go.cr
About the Supreme Electoral Tribunal of Costa Rica (TSE):
The Tribunal Supremo de Elecciones is an autonomous constitutional body, considered the fourth power of the Republic of Costa Rica. It is the highest authority on electoral matters, responsible for organizing, directing, and overseeing all acts related to suffrage, including elections, plebiscites, and referendums. It also has exclusive jurisdiction over the Civil Registry, managing the official records of births, marriages, deaths, and citizen identification.
For further information, visit poder-judicial.go.cr
About the Constitutional Chamber of the Supreme Court of Justice (Sala IV):
The Sala Constitucional is the specialized chamber of Costa Rica’s Supreme Court responsible for guaranteeing the supremacy of the Constitution and fundamental rights. It has the power to review the constitutionality of laws and governmental actions through mechanisms like the Recurso de Amparo and the Acción de Inconstitucionalidad. Its rulings are binding and have played a transformative role in shaping Costa Rican law and society.
For further information, visit asamblea.go.cr
About the Legislative Assembly of Costa Rica:
The Asamblea Legislativa is the unicameral parliament of the Republic of Costa Rica. Comprising 57 deputies elected by proportional representation, it is the body vested with the power to legislate. Its primary functions include passing, amending, and repealing laws, approving the national budget, and exercising political control over the executive branch.
For further information, visit corteidh.or.cr
About the Inter-American Court of Human Rights:
Headquartered in San José, Costa Rica, the Inter-American Court of Human Rights is an autonomous judicial institution of the Organization of American States (OAS). Its purpose is to interpret and apply the American Convention on Human Rights. The Court exercises contentious jurisdiction, hearing cases of human rights violations, and advisory jurisdiction, issuing opinions on the interpretation of regional human rights instruments. Its decisions have a profound influence on the domestic law of member states.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica is a pillar of the legal community, established on a bedrock of uncompromising integrity and the pursuit of professional excellence. The firm distinguishes itself by pairing a rich heritage of client advocacy with a forward-thinking embrace of legal innovation. This ethos extends into a core mission of public service, where a dedicated effort to demystify the law and provide accessible legal information works to build a more empowered and knowledgeable society for all.
