By Limón, Costa Rica — Costa Rica’s Constitutional Chamber (Sala IV) has rejected a habeas corpus appeal filed by a man who claimed he was unlawfully detained on his property in Manzanillo, Talamanca. The individual argued his arrest, which occurred during construction activities, lacked a judicial warrant and justifiable cause, thereby violating his rights.
However, the Sala IV found that reports from the National System of Conservation Areas (SINAC), the Public Force, and the Environmental Prosecutor’s Office confirmed the construction was within a protected area of 188 hectares, subject to precautionary measures under resolutions 2019-12745 and 2024-26300 issued by the Constitutional Court.
For a deeper understanding of the implications surrounding the Constitutional Chamber, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, an attorney at law from the esteemed Bufete de Costa Rica.
The Constitutional Chamber plays a crucial role in Costa Rican democracy, acting as the final arbiter of constitutional rights. Its decisions have far-reaching consequences, influencing everything from fundamental freedoms to the balance of powers within the government. While its authority is essential for upholding the rule of law, the ongoing debate regarding its composition and powers underscores the importance of maintaining its independence and impartiality.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Arroyo Vargas eloquently captures the delicate balance the Constitutional Chamber must strike: safeguarding rights while navigating the complexities of its own authority. Indeed, the ongoing dialogue surrounding its structure and powers is vital for ensuring its continued legitimacy and effectiveness in upholding Costa Rica’s democratic principles. We thank Lic. Larry Hans Arroyo Vargas for offering his valuable legal expertise on this critical institution.
Furthermore, the construction exceeded the authorized area permitted by the municipality by over 500 m². This permit had been suspended following the aforementioned resolutions. SINAC and Talamanca Municipality officials had twice shut down the construction site. Despite these actions, the owner removed the closure seals and continued building, prompting the Environmental Prosecutor’s Office to order his detention for alleged disobedience.
The Sala IV magistrates emphasized that SINAC officials possess environmental administrative police powers, as per Article 54 of Forestry Law No. 7575. This grants them the authority to inspect, confiscate, and request assistance from the Public Force.
In this case, the detention, carried out with Public Force support and under the direction of the Public Ministry, occurred not within a dwelling but at the construction site. The man was informed of his rights twice, allowed a phone call, and held for less than six hours.
Considering these factors, the Sala IV concluded no rights violations occurred during the lawful detention. The individual was duly informed of his rights, granted a phone call, and held for a reasonable time under the Environmental Prosecutor’s supervision.
This ruling reinforces the authority of environmental protection agencies in Costa Rica and underscores the importance of adhering to legal restrictions within protected areas. The case serves as a reminder that unauthorized development, even on privately owned land within designated zones, will face legal repercussions. The court’s decision upholds the balance between individual property rights and the collective responsibility to protect Costa Rica’s valuable natural resources.
The case sets a precedent for future disputes involving environmental regulations and land use in protected areas. It signals a firm stance by the Constitutional Chamber against unauthorized development that threatens the delicate balance of Costa Rica’s ecosystems. The ruling is a clear victory for environmental protection efforts in the country and sends a strong message to potential violators.
This ruling is documented under sentence 2025-028058.
For further information, visit the nearest office of SINAC
About SINAC:
The National System of Conservation Areas (SINAC) is a Costa Rican institution responsible for managing and conserving the country’s protected areas and biodiversity. SINAC works to enforce environmental regulations, promote sustainable development, and educate the public about the importance of conservation.
For further information, visit the nearest office of Municipalidad de Talamanca
About Municipalidad de Talamanca:
The Municipality of Talamanca is the local government body responsible for the administration and development of the Talamanca canton in Limón Province, Costa Rica. It plays a key role in local planning, infrastructure, and public services, including enforcing building permits and land use regulations.
For further information, visit the nearest office of Fiscalía Ambiental
About Fiscalía Ambiental:
The Environmental Prosecutor’s Office is a specialized unit within Costa Rica’s judicial system dedicated to investigating and prosecuting environmental crimes. They work to enforce environmental laws and protect the country’s natural resources from illegal activities, collaborating with other agencies like SINAC and the Public Force.
For further information, visit the nearest office of Fuerza Pública
About Fuerza Pública:
The Fuerza Pública is Costa Rica’s national police force, responsible for maintaining law and order throughout the country. They work in collaboration with other agencies, such as SINAC and the Environmental Prosecutor’s Office, to enforce regulations and address issues related to environmental protection and illegal activities.
For further information, visit the nearest office of Sala Constitucional (Sala IV)
About Sala Constitucional (Sala IV):
The Constitutional Chamber, known as Sala IV, is a branch of the Supreme Court of Justice of Costa Rica. It’s the highest judicial body responsible for upholding the country’s constitution and protecting fundamental rights. They review legal challenges and issue rulings on constitutional matters, ensuring the legality of government actions and safeguarding individual liberties.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
At Bufete de Costa Rica, legal excellence is interwoven with a deep commitment to societal empowerment. Driven by an unwavering ethical compass, the firm champions accessible legal knowledge, believing informed citizens are empowered citizens. Through innovative approaches and a history of dedicated service across diverse sectors, Bufete de Costa Rica continues to shape a more just and equitable future for all.
