Decision No. 15717 - 2025 Date of Decision: May 27, 2025, at 09:50 Case File: 23-015269-0007-CO Type of matter: Writ of amparo (recurso de amparo) Reviewed by: SALA CONSTITUCIONAL Text of the decision Case File: 23-015269-0007-CO Decision No. 2025015717 SALA CONSTITUCIONAL DE LA CORTE SUPREMA DE JUSTICIA. San José, at nine fifty in the morning on May twenty-seventh, two thousand twenty-five.
Writ of amparo proceeding under case file number 23-015269-0007-CO, filed by filed by Nombre01, identity card CED01, against the MUNICIPALIDAD DE PUNTARENAS.
Findings of Fact (Resultando):
- 1In a written submission received at 14:03 on October 11, 2024, the petitioner alleges noncompliance with the order issued by this Sala through judgment No. 2023019610 at 09:30 on August 11, 2023, which provided, insofar as relevant, as follows: “3) that within SIX MONTHS, counted from service of notice of this judgment, they issue the pertinent directives within the scope of their authority to guarantee the regular and continuous provision of waste-collection services on Isla Chira, specifying the definitive measures regarding time frames and regularity in the provision of the service, as well as the tools or departments necessary to ensure compliance and effectiveness…”.
- 2By decision at 12:09 on October 27, 2024, the mayor and the president of the Concejo Municipal, both of the Municipalidad de Puntarenas, were granted a THREE-DAY hearing period, counted from service of notice of that decision, to address the alleged noncompliance with item 3) of judgment No. 2023019610 at 09:30 on August 11, 2023, and to submit the corresponding evidence concerning the acts and omissions attributed to them.
- 3Randall A. Chavarría Matarrita, in his capacity as mayor of Puntarenas, reports under oath as follows: “...The Sala grants a period for submitting a report on compliance with Judgment No. 2023019610 at 09:30 on October 11, 2024, of the Sala Constitucional. In this regard, as has been duly reported to the Sala Constitucional, the legal mechanisms established by Costa Rican legislation for procuring the respective service for the management and maritime transport of solid waste have been unsuccessful on two occasions. Consequently, there is definitively no interest from any company in the SICOP system engaged in the collection and maritime transport of solid waste. The lack of interest from companies engaged in solid-waste collection and treatment has prevented the Municipalidad from providing the service with the expected efficiency. Nevertheless, given the clear impossibility of contracting that service through the SICOP platform, we have been reaching agreements with the Asociación de Desarrollo Integral de isla Chira so that said legal entity may assume responsibility for collecting and transporting the island’s solid waste, and so that the Municipalidad may receive the waste at an agreed-upon location and transport it to the landfill contracted by the Municipalidad de Puntarenas, as an interim means of resolving the problem of solid-waste collection on an island.Accordingly, the progress of the negotiations resulted in the Asociación de Desarrollo Integral de isla Chira approving, on October 20, 2024, the execution of an agreement with the Municipalidad de Puntarenas for the collection and final disposal of solid waste on isla Chira. As the next step, on Monday, November 04 of this year, the Concejo Municipal de Puntarenas will proceed to approve said Agreement; once it becomes final, the agreement will be formalized so that its implementation may begin, of which the Sala will be informed…” He requests that the application filed be dismissed.
- 4In a written submission received at 11:55 on November 5, 2024, the petitioner states as follows: “Based on decision No. No. (sic) 2023019610, San José, at nine thirty in the morning on August eleventh, two thousand twenty-three, and also on the motion regarding non-enforcement of judgment (inejecución de sentencia), filed for the fifth time with this Honorable Sala Constitucional on October 11, 2024, at 14:03, through which this Sala granted the mayor and the municipal president of the council, both of the Municipalidad de Puntarenas, a three-day hearing period counted from service of notice of the decision, which the system records as having been communicated to the president of the council on 28/10/2024 at 09:16 and to the mayor on 28/10/2024 at 09:15, the response period has, as of today, expired, and no supporting document appears in the case file. I request that the facts be deemed admitted, that certified records be forwarded (testimonien piezas) to the Ministerio Público regarding the offense of disobedience (Articles 53 and 71 of the Ley de Jurisdicción Constitucional), and that the hierarchical superior be ordered to institute administrative proceedings (procedimiento administrativo) against the officials who have failed to comply with the decision of this Sala.”
- 5As evidence requested by the court on its own initiative (prueba para mejor proveer), by decision at 00:19 on November 14, 2024, a report was requested from the director of the Área Rectora de Salud Peninsular so that he would conduct an inspection in the district of Isla Chira and report whether the Municipalidad de Puntarenas had complied with health order (orden sanitaria) No. MS-DRRSCPC-DARSPE-OS-178-2024, issued by the Área Rectora de Salud Peninsular del Ministerio de Salud on September 16, 2024. Likewise, if applicable, he was required to detail the specific actions undertaken by the municipal entity to comply with the order.
- 6Dr. Juan Gabriel Ledezma Acevedo, in his capacity as director of the Área Rectora de Salud Peninsular, reports under oath as follows: “...I. REGARDING THE ACTIONS OF THE AREA RECTORA DE SALUD PENINSULAR FIRST: The health order served, regarding whose compliance a response has been requested, has a new deadline, which expires this coming November 30. This follows a request for an extension by the Municipalidad de Puntarenas on October 10, 2024. A copy of the request for an extension and a copy of the response establishing the new deadline, which is final and may not be extended, are attached. SECOND: In granting the requested extension, consideration was given to the fact that the Municipalidad was required to make adjustments to the agreement with the Asociación de desarrollo de la Isla de Chira, obtain approval from said Asociación, and submit the agreement for approval by the Concejo Municipal de Puntarenas.The Council resolution was approved on November 8, 2024. A copy of that resolution, from ordinary session No. 42 of November 7, 2024, is submitted. THIRD: On that same November 7, 2024, a meeting was held to analyze public-health conditions in Las Islas del Golfo, attended by attorney Adriana Núñez Quintana of the legal department of the Municipalidad de Puntarenas and municipal Environmental Management officer Luis Guillermo Brenes Guadamuz. The purpose was to review progress and possible courses of action for resolving the problem of ordinary-waste management on Isla de Chira. A copy of the attendance list for that meeting is attached; the meeting was also attended by representatives of the Ministerio de Salud from ARS Península, ARS Puntarenas-Chacarita, and the Regional Pacífico Central de Ministerio de Salud; CCSS Área de Salud Jicaral Islas; Municipalidad de Lepanto; Municipalidad de Paquera; Ministerio de Educación; Cruz Roja; and other interested social stakeholders.FOURTH: Finally, it is reported that the compliance deadline expires on November 30, 2024, which is the non-extendable date by which the Municipalidad must begin collecting waste on Isla de Chira through implementation of the agreement approved by the Concejo Municipal…”.
- 7Kerlyn Annette Molina Corella, in her capacity as a regular municipal council member for the 2024-2028 term, reports under oath as follows: “... I. Before Issuing a decision, it should be stated that the request from the Sala Constitucional is being answered on this date because, by mistake, decision n at twelve hours nine minutes on October twenty-seventh, two thousand twenty-four, was printed and filed with the correspondence considered during the Sessions of the Concejo Municipal. Similarly, an email was considered from judicial officer Genesis Adriana Sequeira Soto, who requested information n related to the response to the cited decision n. II. Regarding the request from the Sala Constitucional. The Sala alleges disobedience of the order issued in judgment 2023019610 at 09:30 on August 11, 2023, which provided, insofar as relevant: Item: (…) 3) that within six months, counted from service of notice of this judgment, they issue the pertinent directives within the scope of their authority to guarantee the regular and continuous provision of waste-collection services on Isla chira, specifying the definitive measures regarding time frames or departments necessary to ensure compliance and effectiveness. ‘(…) Regarding the foregoing, the Sala requests a response and the submission of the corresponding evidence concerning the acts and omissions attributed to it.III. Regarding the justification for the delay in collecting solid waste on isla chira. By way of context, the Municipalidad has made efforts to provide garbage-collection services on Isla Chira, as previously explained, because its status as an Island means that access by a garbage-collection truck depends on the tides, and furthermore there is no platform for transporting the collection truck. On several occasions, a contract for a maritime transport platform to provide the service of taking the garbage-collection truck onto Isla de Chira and removing it with the garbage was tendered through SICOP, but these attempts were unsuccessful. Given this impossibility, through the efforts of the Alcaldía Municipal, a meeting was held with the asociación de desarrollo Integral (ADU) Isla chira in June 2024 so that it could provide the garbage-collection service, and an agreement was reached to execute a cooperation agreement between the asociación integral de isla chira and the Municipalidad de Puntarenas.Accordingly, at Municipal Session No. 42 dated November 07, 2024, article (6), subsection (o), the Concejo Municipal approved a Cooperation Agreement between the Municipalidad de Puntarenas and the Asociación de Desarrollo Integral de Isla Chira, whose purpose is for the Asociación to provide the garbage-collection service. The cited agreement is currently pending signature…” She requests that the application filed be dismissed.
- 8In a written submission received at 09:06 hours on 9 de diciembre de 2024, the petitioner states as follows: “I hereby, with due respect, state the following: 1. Failure to comply with the non-extendable deadline granted by the Área Rectora de Salud Peninsular: The Municipalidad de Puntarenas, represented by the Municipal Mayor and the President of the Concejo Municipal, has flagrantly failed to comply with the provisions issued by this honorable court concerning solid-waste collection. Although the non-extendable deadline granted by the Área Rectora de Salud has already expired, to date garbage collection has not taken place, seriously affecting public health and the environment. 2. Disregard for the deadlines established by the Sala Constitucional: The President of the Concejo Municipal has repeatedly failed to comply with the deadlines granted by this Chamber, submitting documents whenever she sees fit, in evident disregard of judicial decisions.This raises a legitimate question: Why are deadlines established if they are not going to be met? Such conduct is not only a mockery of this court but also of the citizens who expect legal obligations to be fulfilled. 3. Absence of an express date in the purportedly approved agreement: The purported agreement approved to resolve the waste-collection problem did not include an express date for work to begin, once again demonstrating the municipal administration’s lack of interest. Moreover, this agreement transferred responsibility for collection to the Asociación de Desarrollo Integral (ADI), which raises serious doubts about the legality of the act and whether it has the approval of the Procuraduría General de la República (PGR). Although this issue could be addressed through ordinary proceedings (vía ordinaria), the administrative conduct unquestionably demonstrates persistent negligence and lack of interest. 4.Disobedience of the latest judgment due to non-enforcement: In the latest non-enforcement judgment issued by this Chamber, immediate compliance with the provisions issued was ordered. Nevertheless, the noncompliance persists, further aggravating the situation and demonstrating clear indifference toward the authority of this court. In light of the foregoing, I respectfully request that this honorable Chamber take the appropriate measures to ensure effective compliance with its decisions, in order to safeguard the public interest and prevent this situation from continuing to seriously affect the community of Isla Chira de Puntarenas.”
- 9In a written submission received at 22:02 hours on 5 de enero de 2025, the petitioner states as follows: “Decision of the Sala Constitucional. This Honorable Court ordered the mayor and municipal president, both of the Municipalidad de Puntarenas, to guarantee solid-waste collection service on Isla Chira within the period established in the known case record (sic). 2. Failure to comply with the judicial mandate. Despite the period granted, the Municipalidad has not complied with the order. Instead, it has justified its inaction by claiming the existence of a purported agreement with the Asociación de Desarrollo Integral (ADI) de Isla Chira, which, to date, has neither been properly implemented nor resolved the garbage-collection problem. 3. Unfulfilled health order. The Ministerio de Salud issued a health order (orden sanitaria) related to solid-waste management in the community, which the Municipalidad has likewise failed to comply with. 4. Lack of service. Isla Chira currently has no garbage-collection service whatsoever, aggravating the health and environmental crisis in the area.”
- 10By decision issued at 14:13 hours on 7 de febrero de 2025, as evidence to facilitate adjudication (prueba para mejor resolver), a new report was requested from Dr. Juan Gabriel Ledezma Acevedo, in his capacity as director of the Área Rectora de Salud Peninsular, so that he would conduct a new inspection in the district of Isla Chira and report whether the Municipalidad de Puntarenas had complied with the provisions of health order N° MS-DRRSCPC-DARSPE-OS-178-2024, issued by the Área Rectora de Salud Peninsular del Ministerio de Salud on 16 de setiembre de 2024, given that the compliance period expired on 30 de noviembre de 2024, the non-extendable date by which the municipality was to begin collecting waste on Isla de Chira through implementation of the agreement approved by the concejo municipal. Likewise, if applicable, he was required to detail the specific actions undertaken by the municipal entity to comply with the order.
- 12Dr. Juan Gabriel Ledezma Acevedo, in his capacity as director of the Área Rectora de Salud Peninsular, reports under oath as follows: “... That the notified health order MS-DRRSCPC-DARSPE-OS-178-2024, regarding whose compliance a response has been requested, had a non-extendable deadline that expired on 30 de noviembre de 2024. This followed a request for an extension by the Municipalidad de Puntarenas beginning on 10 de octubre de 2024... However, after the deadline expired, an inspection was ordered and conducted on 4 de diciembre de 2024, and it was found that the order had not been complied with within the extended period. The inspection was recorded in Inspection Record AI-GM-146-2024 with the following notation: ‘An inspection visit was conducted in the Distrito de Isla Chira, in the communities of San Antonio, Puerto Palito, Montero and Bocana, where it was verified that, as of this date, the Municipalidad de Puntarenas has still not begun solid-waste collection operations.Instead, because they have no other option for better treating their waste, the residents of the Distrito de Isla Chira continue to burn or bury solid waste, including waste generated by homes, businesses and even institutions.’ (…) That, in view of the Municipalidad de Puntarenas’ noncompliance, a fine of 1 base salary was imposed on the Municipal Mayor through Health Report MS-DRRSPC-DARSPE-IS-02-2025 on 11 de febrero, with an expiration date of 12 de marzo de 2025. Pursuant to Article 378 Bis of the Ley General de Salud…”.
- 13Randall A. Chavarría Matarrita, in his capacity as mayor of Puntarenas, reports under oath as follows: “...The undersigned, Randall A. Chavarría Matarrita, in my capacity as Mayor of the Municipalidad de Puntarenas and as the institution’s legal representative, hereby submits a compliance report concerning the actions carried out on isla Chira in compliance with the constitutional order to provide solid-waste collection and final-disposal services in the district of isla Chira de Puntarenas, as follows, but not without first stating that, after the Municipal Administration observed that all attempts to procure solid-waste collection and final-disposal services in the district of isla Chira had been unsuccessful due to the conditions and remoteness of the location, and given the limited interest of the Asociación Integral de Desarrollo de isla Chira in providing the service with initial assistance from the Municipalidad de Puntarenas, the decision was made to assume full responsibility for the service and thereby comply with the constitutional order: Accordingly, the actions carried out at the location are reported as follows.By official letter MP-SEMU-OF-01 56-05-2025 dated OS de mayo de 2025, Mr. Walter Castillo Chavarría, in his capacity as Coordinator of Municipal Services, informed the Mayor’s Office of all actions carried out in the district of isla Chiva concerning the collection and final disposal of solid waste in compliance with the constitutional order. In that regard, it is reported that: ‘Specifically, and for the purpose of complying with this mandate, we are continuing to provide solid-waste collection service on Isla de Chira. Considering that access conditions are limited and that we must also take the tide table into account when entering the island, it is important to state that: • It was decided that visits would be made every fifteen days beginning on 18 marzo of the current year, for the purpose of covering the island’s perimeter. • Maritime transportation service was hired for machinery and municipal officials traveling to the island, using petty cash, in order to comply with the provisions of the Sala Constitucional, without prejudice to the procedure being processed through the SICOP bidding platform. • It was arranged (sic) that the collection service would be provided using a Volvo dump truck with a capacity of up to 6 tons. • The collection service is performed by One driver and Two laborers. • Beginning on this date, a record of waste weights will be maintained. • Attached is the weighing information as indicated by Manejo Integral Tecno Ambiente Photos on the Island of the collection service provided.
Vehicle Dump truck SM 8733 Date 30/04/2025 Weight 1,210 kg Total: 1,210 kg To verify the foregoing, weighing slip number , is attached, together with the corresponding photographs of the collection conducted throughout the district of isla Chira. Thus, continuously and in accordance with our human and budgetary resources and capabilities, personnel and machinery are visiting the island every fifteen days to collect the island’s garbage. As has been stated in previous reports, implementation of the Plan Regulador de isla Chira is forthcoming; it is expected that by the end of 2024, the Public Hearing will be held on the island as part of the legal procedure for bringing it into effect. This is relevant to the matter because it establishes a location where recyclable material could be handled…” He requests that the application be dismissed.
- 14By decision issued at 14:42 hours on 19 de mayo de 2025, having reviewed the report submitted under oath by Randall A. Chavarría Matarrita, in his capacity as mayor of Puntarenas, and as evidence to facilitate adjudication, a report was requested from that official so that he could confirm whether solid-waste collection service is currently being provided on Isla de Chira.
- 15Randall A. Chavarría Matarrita, in his capacity as mayor of Puntarenas, reports under oath as follows: “...1. Official letter No. MP-SEMU-OF-091-03-2025 dated 19 de mano de 2025, signed by Mr. Walter Castillo Chavarría, Coordinator of Municipal Services. 2. Official letter No. MP-SEMU-OF-0156-05-2025 dated 05 de mayo de 2025, in which Mr. Walter Castillo Chavarría, in his capacity as Coordinator of Municipal Services, informs the Mayor’s Office of all actions carried out in the district of isla Chira concerning the collection and final disposal of solid waste. 3. Official letter No. MP-SEMU-OF-176-05-2025 dated 22 de mayo de 2025, signed by Walter Castillo Chavarría in his capacity as Coordinator of Municipal Services…”.
- 16The legal requirements have been observed in the proceedings conducted.-
Justice Garro Vargas authored the opinion; and,
Considering:
I. SUBJECT MATTER OF THE APPLICATION
The petitioner alleges a purported failure to comply with item 3) of judgment N° 2023019610 issued at 09:30 hours on 11 de agosto de 2023.
II. PROVEN FACTS
The following facts are deemed duly established and relevant to the decision in this matter:
- 1)In judgment N° 2023019610 at 09:30 hours on 11 de agosto de 2023, the following was ordered: “The petition is granted. Wilber Madriz Arguedas, in his capacity as mayor, and Miguel Diaz Vega, in his capacity as president of the Concejo, both of the Municipalidad de Puntarenas, or whoever holds those offices in their stead, are ordered, jointly and in coordination, including with other competent institutions, to: ... 3) within SIX MONTHS from notification of this judgment, issue the appropriate directives within the scope of their authority to guarantee the periodic and continuous provision of waste-collection services on Isla Chira, establishing definitive measures concerning the timeframes and regularity of service provision, as well as the mechanisms or departments necessary to ensure compliance and effectiveness; ...”.
- 2)That judgment was served on the respondent Authorities on 15 de agosto de 2023 (see certificates of service included in the digital case file).
- 3)In a filing received at 20:44 hours on 8 de abril de 2024, the petitioner alleged noncompliance (incumplimiento) with item 3 of judgment Nº 2023019610 at 09:30 hours on 11 de agosto de 2023 (see case file).
- 4)By decision N° 2024014497 at 09:30 hours on 28 de mayo de 2024, this Chamber ruled as follows: “The noncompliance petition filed at 20:44 hours on 8 de abril de 2024 is partially granted. Whoever holds the offices of mayor and president of the Concejo of the Municipalidad de Puntarenas is again ordered to comply with item 3) of judgment N° 2023019610 at 09:30 hours on 11 de agosto de 2023. The foregoing is subject to the warning that, should they fail to do so, the commencement of administrative disciplinary proceedings (procedimiento administrativo disciplinario) will be ordered pursuant to article 53 of the Ley de la Jurisdicción Constitucional, and certified copies of the relevant records will also be forwarded to the Ministerio Público pursuant to article 71 of the Ley de la Jurisdicción Constitucional. The noncompliance petition concerning item 1) of that judgment is denied. The respondents shall be served personally.” 5) That judgment was served on the respondent Authorities on 3 de junio de 2024 (see certificates of service included in the digital case file).
- 6)In a filing received at 22:41 hours on 20 de junio de 2024, the petitioner again alleged noncompliance with item 3 of judgment Nº 2023019610 at 09:30 hours on 11 de agosto de 2023.
- 7)By decision Nº 2024028859 at 09:20 hours on 4 de octubre de 2024, this Chamber ruled as follows: “The petition alleging disobedience (gestión de desobediencia) is granted. Randall Chavarría Matarrita and Kerlyn Annette Molina Corella, respectively mayor and president of the Concejo Municipal, both of the Municipalidad de Puntarenas, or whoever holds those offices, are ordered to comply immediately with the provisions of judgment nro. N° 2023019610 at 09:30 hours on 11 de agosto de 2023. The respondents are advised that, under article 71 of the Ley de la Jurisdicción Constitucional, anyone who receives an order issued in an amparo proceeding (recurso de amparo), which they are required to comply with or enforce, and fails to comply with or enforce it, shall be punished by imprisonment for three months to two years or by a fine of twenty to sixty days, provided that the offense is not subject to a more severe penalty. Serve notice.” 8) That judgment was served on the respondent Authorities on 8 de octubre de 2024 (see certificates of service included in the digital case file).
- 9)In a filing received at 14:03 hours on 11 de octubre de 2024, the petitioner again alleges noncompliance with item 3 of judgment Nº 2023019610 at 09:30 hours on 11 de agosto de 2023.
- 10)In a filing received at 09:06 hours on 9 de diciembre de 2024, the petitioner again alleges noncompliance with judgment Nº 2023019610 at 09:30 hours on 11 de agosto de 2023.
- 11)The Ministerio de Salud issued health order (orden sanitaria) MS-DRRSCPC-DARSPE-OS-178-2024 against the respondent Local Government, requiring it to provide garbage-collection services. That health order expired on 8 de octubre de 2024 (reports and evidence in the record).
- 12)Before it expired, the Municipalidad de Puntarenas requested an extension beginning on 10 de octubre de 2024, and the Ministerio de Salud authorized an extension of the deadline. However, the new compliance deadline, which could not be extended, expired on 30 de noviembre de 2024 (reports).
- 13)Nevertheless, on 4 de diciembre de 2024, that institution conducted another inspection and confirmed that the Local Government had not complied, within the extended period, with the orders issued to it. The inspection was documented in Inspection Report (Acta de Inspección) AI-GM-146-2024, with the following notation: “An inspection visit was conducted in the District of Isla Chira, in the communities of San Antonio, Puerto Palito, Montero and Bocana, where it was confirmed that, as of this date, the Municipalidad de Puntarenas has still not begun solid-waste collection operations (labores de recolección de residuos sólidos). Instead, because they have no other means of properly treating their waste, residents of the District of Isla Chira continue to burn or bury solid waste, including waste generated by homes, businesses and even institutions” (reports and evidence in the record).
- 14)After observing that all attempts to secure a contract for the collection and final disposal of solid waste in the district of isla Chira had been unsuccessful because of the conditions and remoteness of the location, and because of the limited interest of the Asociación Integral de Desarrollo de isla Chira in providing the service with initial assistance from the Municipalidad de Puntarenas, the Local Government decided to assume full responsibility for the service in order to comply with this Chamber’s order. It was determined that service would be provided every fifteen days beginning on 18 marzo de 2025, covering the island’s perimeter area (reports).
- 15)In light of the foregoing, the Local Government contracted, through petty cash, maritime transportation services for municipal machinery and personnel to travel to the island, for the purpose of complying with the orders of the Sala Constitucional, without prejudice to processing the procedure through the SICOP procurement platform, and to provide collection services using a Volvo dump truck with a capacity of up to 6 toneladas (reports and evidence in the record).
- 16)On 30 de abril de 2025, solid-waste collection services continued in the district of Isla de Chira (see official letter MP-SEMU.OF-156-05-2025).
III. REGARDING THE ALLEGED FAILURE TO ENFORCE (INEJECUCIÓN)
In the case at hand (sub lite), the established facts show that the Municipalidad de Puntarenas has finally complied with the order issued to it and is providing garbage-collection services. Therefore, this petition is moot.
Por tanto:
The petition filed is denied.
Fernando Castillo V.
President Fernando Cruz C.
Paul Rueda L.
Luis Fdo. Salazar A.
Jorge Araya G.
Anamari Garro V.
Ingrid Hess H.
Telephone numbers: Telf01/ ALA-4TA (800-7252-482). Fax: Telf02 / Telf03. Website: www.poder-judicial.go.cr/salaconstitucional. Address: (Dirección01, Dirección02, 100 mts. South of the Perpetuo Socorro church). Intake of matters involving vulnerable groups: Dirección03, San José, Distrito Catedral, Dirección04, calles 19 y 21, Dirección05 SCIJ of Hacienda SCIJ of the Procuraduría General de la República