Costa Rica
Ryan Arias ‘28
Overview of Costa Rica:
Costa Rica is a Central American country bordered by Nicaragua and Panama, with coastlines on both the Pacific Ocean and the Caribbean Sea. The country is spread between seven provinces: Alajuela, Cartago, Guanacaste, Heredia, Limon, Puntarenas, and San José. The capital, San José, was named in honor of Saint Joseph. As of April 2025, the country has a current population of around 5.1 million people. The country has a unitary presidential republic system of government, meaning that it’s governed as a single unit with a strong national government that is headed by a president who is elected by its citizens. Costa Rica gained its independence from Spanish-colonial rule on September 15, 1821, and has since become one of the mid-20th century's most stable democracies. The country is well known for its abolishment of a military after a brief civil war in 1948, a decision intended to promote peace and stability. That decision impacted the country in other ways, such as preventing future military coups and redirecting resources towards education and healthcare. The constitution of 1949 also enshrined the abolishment of an army. The absence of a military has served as a way to set Costa Rica apart from other Latin American countries, and has become a proud part of Costa Rica’s national identity.
The country has undergone many constitutional periods, with the current governing being the Constitution of November, 1949. This constitution established the Second Republic and still remains in force, along with the addition of amendments over time. This new constitution built the foundation for a democratic government with a clear separation of powers among the executive, legislative, and judicial branches. Since then, Costa Rica has maintained a stable democratic tradition of regular elections and the rule of law. The government is led by a president (who serves as both the head of state and the head of government) who is elected for a four-year term, a single-chamber legislature known as the “Asamblea Legislativa” with fifty-seven members, and an independent judiciary. As a whole, the country’s legal system is one rooted in civil law traditions and a respect for maintaining constitutional order.
Legal Tradition and System Type
Costa Rica’s legal system is based on the civil law tradition, which itself is inherited from Spanish law and the broader Roman-Napoleonic legal framework. Essentially, it means that there are formal written codes and statutes that act as the primary source of law, as opposed to precedents from cases. The country’s laws are codified in areas that cover civil, criminal, commercial, family, and labor law. The judges in Costa Rica apply and interpret these codified laws instead of “making law themselves.” Their judicial decisions (jurisprudencia) serve to interpret and fill the gaps in these codes, but don’t have the same force as a statutory law would. The key thing to remember is that prior judicial rulings are not absolutely binding the way that common-law precedents are. This civil law framework results in a legal process that emphasizes written pleadings, formal procedures, and comprehensive legislation that reflect the country’s European legal heritage.
Within this framework, Costa Rica has incorporated mechanisms of judicial review and constitutional oversight to ensure laws and government actions conform to the Constitution. While other countries based on civil law vest constitutional review in a separate constitutional court, Costa Rica had a different approach, creating a specialized chamber within its Supreme Court. In 1989, an amendment established the Constitutional Chamber of the Supreme Court, often referred to as the Sala IV. This chamber, in specific, has the power to review executive decrees for consistency with the Constitution, and to hear constitutional claims such as amparo appeals for the protection of fundamental rights, and habeas corpus petitions from citizens. According to the country’s constitution, legislative acts can be invalidated by the Supreme Court’s constitutional chamber if they are found to be unconstitutional.
Key Legal Institutions and Court Structure:
The Poder Judicial, or judiciary power, is the independent branch of the government that deals with administering justice. It has a hierarchical structure, with the Supreme Court of Justice (Corte Suprema de Justicia) at the top, followed by intermediate appellate courts and numerous trial courts. However, the Supreme Court is also divided into four specialized chambers with specific jurisdictional responsibilities for each:
Chamber I (Sala Primera) - Handles cases involving civil and administrative law at the highest level. It also functions as a court of cassation, meaning that the chamber ensures that lower court decisions are correctly applying the law, thus standardizing the legal interpretation.)
Chamber II (Sala Segunda) - Focuses on family law, estates (probate), and labor law appeals. This chamber hears appellate cases in those civil law areas and ensures the consistency of family and labor jurisprudence.
Chamber III (Sala Tercera) - This chamber is dedicated to criminal law. It serves as the highest appeals court for criminal cases and reviews the convictions and rulings for legal error, as well as handling requests for review in criminal matters. The chamber will also review criminal charges against high-ranking public officials.
Chamber IV (Sala Constitucional) - The Constitutional Chamber, established in 1989, has exclusive jurisdiction over constitutional issues.
In total, the Supreme Court currently consists of 22 magistrates (justices) who are selected by the Legislative Assembly for renewable eight-year terms. The 22 magistrates are distributed among the four chambers: each of the first three chambers has five magistrates, and the Constitutional Chamber has seven. Beneath the Supreme Court are the appellate courts (Tribunales de Apelación), which are in charge of reviewing decisions from trial courts. Trial courts (Juzgados de Primera Instancia) are where cases begin. Costa Rica is different in the sense that they have different courts for a specialized field of law. For instance, there are civil courts, criminal courts, juvenile courts, and administrative courts. This specialization helps ensure that judges develop an expertise in particular areas. In more rural jurisdictions, there are also Justice of the Peace courts (Juzgados de Paz), which handle small claims and minor offenses.
Another key institution is the Supreme Electoral Tribunal (Tribunal Supremo de Elecciones), sometimes called the Superior Electoral Court. Although it’s not a court in the normal judicial hierarchy, it’s a constitutional body that holds judicial authority over electoral matters. The Electoral Tribunal is in charge of overseeing the aspects of elections, from voter registration to the final declaration to results. It’s often considered Costa Rica’s fourth branch of government. The role of the institution is to maintain transparent and fair elections to help contribute to the country’s stable democracy.
Sources of Law
Costa Rica’s Constitution of 1949 stands as the pinnacle of the country’s legal foundation. It serves as the supreme law of the land and establishes the structure of the government and the fundamental rights of its citizens. Any other laws or actions must conform to the Constitution, with judicial review enforcing this supremacy. The Constitution can be amended, but the process requires a majority vote in the Legislative Assembly across multiple readings and in some cases, approval by referendum.
Below the Constitution are the country’s legislation (statutes and codes), which are passed by the Legislative Assembly. Comprehensive codes are compiled into major areas, with key codes including Civil Code, Civil Procedure Code, Commercial Code, Family Code, Labor Code, Criminal (Penal) Code, and Criminal Procedure Code. Each code has a systematic collection of rules that are originally influenced by European models, most notably the Spanish Civil Code and Napoleonic Code. In addition to these codes, the Legislative Assembly enacts individual statutes to address specific issues or create new programs.
The executive branch can also issue regulations and decrees under authority granted by legislation. These are subordinate to statutes and are typically used to detail how laws will be implemented into the country. For example, a law might authorize environmental protection, and the executive will issue the regulations specifying limits to pollution or procedures for environmental assessments. While the President has this rulemaking power, the decrees cannot contradict any statutes or the Constitution, and are subject to judicial review if they are challenged.
Rights and Liberties of Citizens
The Constitution of Costa Rica guarantees an array of fundamental rights and liberties to its citizens. These rights reflect those traditional civil and political rights, as well as certain social rights, illustrating the country’s dedication to maintaining human dignity and democratic values. Some key rights and liberties include:
Right to Equality and Non-Discrimination: “All persons are equal before the law and no discrimination contrary to human dignity shall be practiced.” (Constitution, Article 33). This guarantees protection and prohibits discrimination based on factors such as race, gender, religion, etc.
Freedom of Expression and Freedom of the Press: Article 29 of the Constitution outlines that everyone is free to communicate their thoughts through speech, writing, or publishing without prior censorship, while also being responsible for abuses of this right as defined by the law. Citizens of Costa Rica can enjoy free speech and a free press, but laws (such as defamation laws) can hold people accountable for any statements that are false or harmful.
Due Process and Judicial Protections: The Constitution contains multiple provisions to ensure that fair trial rights and personal liberty are granted to the country’s citizens. No one can be arrested without a written warrant from a legal authority, unless caught in flagrante delicto (in the act of committing a crime). Any detainee must be brought before a judge within twenty-four hours. The right to defense and the assistance of counsel is implicit, while the Criminal Procedure Code highlights that anyone who is accused of a crime has the right to be granted a public defender if they cannot afford an attorney.
Notable Moments in History
Costa Rica’s legal system has evolved through many important historical milestones that have contributed to the formation of its current form:
1821 - Independence and Early Legal Foundations: Costa Rica became independent from Spain as part of the broader Central American independence movement. During the 19th century, the country adopted its first constitution, which laid down its republican forms of government. The 1871 Constitution, in particular, was long-lasting and established many liberal principles and amendments until 1949. Under these early frameworks, Costa Rica abolished slavery in 1824 and set up basic institutions such as the legislature and courts.
1877/1882 - Abolition of the Death Penalty: Costa Rica was one of the first countries in the world to abolish capital punishment. The last execution in Costa Rica took place in 1877. The constitution was amended in 1882 to permanently ban the death penalty. The abolishment reflects the humanitarian trend in following Costa Rican policies. The abolition of capital punishment became a point of pride for the country, setting it apart from its neighbors. Along with having no military, having no death penalty highlights the country’s identity of being a peaceful nation that values life and human rights.
1948 - Civil War and Foundational Change: A pivotal movement in Costa Rica’s history. Caused by a disputed presidential election that led to a brief armed conflict. The war was won by the forces of José Figueres Ferrer. Figueres led the “Founding Junta” that ruled for eighteen months, implementing many bold changes to the country’s government, most notably, announcing the abolition of the army. This was formalized in the new constitution. The provisional government also extended suffrage to women and all citizens of African descent.
The Criminal System & Civil Law
The framework for criminal law is set by the Penal Code (Código Penal), which defines what counts as crimes and punishments. The Code of Criminal Procedure (Código Procesal Penal), outlines the process for investigating and trying crimes. The punishments in Costa are limited to those that are deemed humane and proportionate. Remember, the country has no capital punishment (death penalty), and also does not impose judicial corporal punishment. The main criminal penalties are imprisonment, fines, and sometimes alternative sanctions such as house arrest or community service. Costa Rica’s Penal Code classifies offenses by severity, with misdemeanors being minor offenses that are punishable by shorter jail terms or fines, and felonies carrying higher penalties. The maximum prison sentence for a single offense is usually twenty-five years under the Penal Code, but multiple sentences can be imposed consecutively. However, the Constitution prohibits an excessively long incarceration, prohibiting a combined sentence from exceeding fifty years in prison, no matter how many offenses are aggregated.
Costa Rica does not use a jury system in criminal trials. Instead, a trial is presided by a one-judge or three-judge panel, depending on the potential punishment that may come from the charge. The trial itself is oral and public. The prosecutor and defense present their cases, closing their arguments after evidence is presented and answering any questions posed by the judges. The accused has the right to make a final statement if they choose to do so. Afterwards, the judges retire to deliberate in private, with a verdict of guilt requiring the judges to be convinced beyond a reasonable doubt and in a majority vote.
In Costa Rica, civil law refers to the body of laws that govern private rights as opposed to criminal law. Civil justice covers areas such as contracts, property, torts, family law, inheritance, and more. The Civil Code and specialized laws provide the substantive rules, while the Civil Procedure Code governs how those civil cases should proceed in the courts. In civil cases, the dispute is usually between private parties that are acting in a private capacity. Many common civil cases include breach of contracts, property ownership disputes, negligence claims, family disputes, and estate matters. A civil case begins when a plaintiff files a lawsuit against a defendant in the appropriate court. Costa Rica has many first-instance civil courts, specialized in different areas of the law. The plaintiff will file a written complaint that outlines the facts and legal basis of their claim, with the court then formally notifying the defendant with the plaintiff and a summons. The defendant must file an answer in writing, admitting or denying the allegation and stating any defenses.
Unlike criminal cases, the burden of proof in civil cases is on the plaintiff to prove their case by a preponderance of evidence, which is a lower threshold than “beyond a reasonable doubt”, which is used in criminal cases. At the end of the process, the court will issue a judgment (sentencia), which determines the liability and appropriate remedy. Like many other countries, Costa Rica has also encouraged mediation and arbitration to resolve civil disputes. The country passed a law on alternative dispute resolution and promotion of mediation, and has a Center for Conciliation and Arbitration attached to the Chamber of Commerce for commercial disputes.
Differences and Current Issues
While Costa Rica and the United States are both constitutional democracies that value the rule of law, their legal systems differ in many ways due to historical and legal traditions. Below are some of the major differences:
Legal Tradition - Civil Law vs. Common Law: Compared to the United States, the government in Costa Rica is based more on civil law than common law. In Costa Rica, laws are mainly found in written codes and legislation, and judicial decisions interpret those codes but aren’t necessarily sources of law themselves. This differs from the U.S. where case law precedent is used. Courts create binding precedents through their interpretations of statutes and the Constitution.
Government Structure - Federal vs. Unitary: The United States is a federal system with power divided between the federal government and the state governments. In contrast, Costa Rica is divided into provinces, but are not autonomous in the legislative sense. This simplifies the legal landscape of the country, having one Costa Rican Civil Code, one Penal Code, etc.
Role of Courts and Procedure: In the United States, a judge tends to maintain their neutral umpire. In Costa Rica, a judge can take initiative to probe evidence. Judges tend to actively manage the fact-finding compared to the U.S. where trials are mainly dominated by the attorneys. Another procedural difference is the widespread use of juries in the U.S. The U.S. Constitution guarantees the right to a jury trial in criminal cases through the Sixth Amendment. In Costa Rica, there are no jury trials! Judges decide all cases.
As of the mid-2020s, Costa Rica has faced a few legal challenges and is currently navigating several important issues. The rise in organized crime and security challenges has posed an issue for the country, including drug trafficking operations using the country as a transit point. The government of President Rodrigo Chaves, who has been in office since 2022, has responded with proposals for tougher laws and regulations. For example, the President issued a decree to harden the conditions for prisoners who are convicted of serious crimes such as homicide and sexual offenses, ensuring that they cannot get early release benefits until at least half of their sentence has been served. This reflects the current debate in Costa Rica: how to improve public security while also maintaining the country’s respect for human rights. In regard to immigration and refugee law, Costa Rica has absorbed tens of thousands of refugees and migrants in recent years due to turmoil in nearby Nicaragua and Venezuela. This inflow of migrants is testing the country’s asylum system and immigration laws. The Refugee Unit in the government and administrative courts that review the asylum decisions are dealing with an extreme caseload, and legislation may need to be considered to streamline processes or increase resources. How Costa Rica chooses to navigate this will affect its human rights image.
Ryan Arias is a sophomore majoring in political science and finance.
Sources
An Overview of the Criminal Law System in Costa Rica. (2024, November 5). Global Affairs Canada. https://travel.gc.ca/travelling/advisories/overview-of-the-criminal-law-system-in-costa-rica
Costa Rica Government Profile – The World Factbook (CIA). 2024 CIA World Factbook. https://theodora.com/wfbcurrent/costa_rica/costa_rica_government.html
Florida International University Steven J. Green School of International & Public Affairs. Description of the Judicial System of Costa Rica. Center for the Administration of Justice. https://caj.fiu.edu/national-cj-systems/central-america/costa-rica/
Gress, Maria (Translator). (2012). Constitución Política de la República de Costa Rica. Constitute Project. https://www.constituteproject.org/constitution/Costa_Rica_2011
Peterson, R. (2018, August). A Guide to Legal Research in Costa Rica. NYU | Law GlobaLex. https://www.nyulawglobal.org/globalex/costa_rica1.html
Tico Times. (2023, December 1). Costa Rica’s Abolition of the Army. TheTicoTimes. https://ticotimes.net/2023/12/01/dec-1-1948-costa-ricas-peaceful-revolution
