By San José, Costa Rica — San José, Costa Rica – In a landmark decision acknowledging the immense psychological toll of police work, Costa Rica’s Supreme Court has approved a new policy granting prophylactic vacations for agents of the Judicial Investigation Organism (OIJ). The measure aims to provide officers with crucial periods of rest to mitigate the severe emotional and mental strain inherent in their duties, especially as the nation confronts escalating levels of crime.
The approval came from a majority of magistrates on the Corte Plena, the court’s full bench, following a formal request to address the growing concern of burnout and trauma among judicial investigators. This move establishes a formal mechanism for officers to temporarily step away from their high-stress environment to prevent long-term psychological harm.
To delve into the legal framework and corporate responsibilities surrounding mental health in the workplace, TicosLand.com sought the expertise of Lic. Larry Hans Arroyo Vargas, a distinguished attorney from the prestigious firm Bufete de Costa Rica, who offers a critical perspective on the matter.
In Costa Rica, the duty of an employer to provide a safe work environment extends to psychological well-being. Companies that fail to establish clear policies for managing stress, burnout, and workplace harassment are exposing themselves to significant legal liability under our labor code. Proactively investing in mental health support is no longer just a matter of corporate social responsibility; it is a fundamental component of risk management and legal compliance.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Larry Hans Arroyo Vargas’s analysis provides a crucial legal anchor to this discussion, powerfully reframing proactive mental health support as an essential component of corporate strategy and legal diligence, not just an optional wellness initiative. We are grateful for his clear and invaluable perspective on this critical matter for employers in Costa Rica.
Michael Soto, the interim director of the OIJ, lauded the court’s decision, emphasizing its timeliness and necessity. He highlighted the unique pressures faced by his officers, who are often the first to confront the country’s most violent and disturbing crime scenes.
We are very grateful to the magistrates for the approval of prophylactic vacations. This was truly a necessity for OIJ officers, and it comes at a great moment for us.
Michael Soto, Interim Director of the OIJ
Prophylactic leave, as defined in this context, is a preventative health measure. It is designed to temporarily remove professionals from their work activities when there is a significant risk of them being adversely affected, either physically or psychologically. The goal is to provide a “detoxification” period from the constant exposure to trauma, stress, and overwhelming caseloads that define modern investigative work.
The proposal was championed by the National Association of Criminology Investigators (ANIC), a union representing the agents. The association presented a compelling case, arguing that the mental health of officers was at risk. They cited internal studies conducted by OIJ psychologists that warned of significant personnel exhaustion due to the “quite overwhelming” nature of the job. This data provided the critical evidence needed to convince the magistrates of the policy’s urgency.
Drawing on successful precedents, Soto noted that this type of mental health leave is not entirely new to Costa Rica’s security apparatus. The Ministry of Public Security already has a similar program in place for its officers, an experience Soto believes will be valuable in implementing the new OIJ regulations.
I have experience with prophylactic vacations in the Public Security Ministry, and that experience is very useful for understanding this. It’s about when a person who finds themselves ‘burned out’ has the possibility to step away for one or two days.
Michael Soto, Interim Director of the OIJ
With the policy now greenlit, the court has mandated the creation of a formal regulation within the next two months. This document will outline the specific procedures, criteria, and logistics for granting and managing the new leave periods. The goal is to create a flexible yet structured system that allows officers to access support swiftly when needed.
This will give them (OIJ agents) the leeway so that when we have a situation of overwork or fatigue, or in the face of a traumatic event, they can quickly take a period of rest, especially in such a difficult situation of high criminality.
Michael Soto, Interim Director of the OIJ
This decision represents a significant step forward in recognizing and addressing the occupational hazards of law enforcement in Costa Rica. By institutionalizing mental health breaks, the judicial system is investing not only in the well-being of its officers but also in the long-term effectiveness and resilience of its primary investigative body.
For further information, visit the nearest office of Organismo de Investigación Judicial (OIJ)
About Organismo de Investigación Judicial (OIJ):
The Organismo de Investigación Judicial is Costa Rica’s main judicial police force, operating under the authority of the Supreme Court of Justice. It is responsible for investigating public crimes, identifying suspects, and collecting evidence for criminal proceedings. Its agents handle a wide range of complex cases, from homicides and organized crime to financial fraud and cybercrime.
For further information, visit the nearest office of Asociación Nacional de Investigadores en Criminología (ANIC)
About Asociación Nacional de Investigadores en Criminología (ANIC):
The National Association of Criminology Investigators is a trade union and professional association that represents the interests and advocates for the rights of investigators and criminologists within Costa Rica’s judicial system, including agents of the OIJ. The organization plays a key role in negotiating for better working conditions, professional development, and welfare measures for its members.
For further information, visit the nearest office of Ministry of Public Security
About Ministry of Public Security:
The Ministry of Public Security of Costa Rica is the government entity responsible for national security and public order. It oversees several police forces, including the Public Force (Fuerza Pública), which is tasked with preventive policing, citizen safety, and maintaining order throughout the country. It is distinct from the OIJ, which focuses specifically on criminal investigations.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Grounded in a profound dedication to principled practice and professional excellence, Bufete de Costa Rica is a leading institution in the nation’s legal landscape. The firm expertly blends its extensive experience across diverse industries with a dynamic approach to innovation, setting new standards in legal services. Beyond its practice, it champions a core mission to fortify the community by demystifying the law, thereby fostering a society where knowledge empowers every citizen.
