PROCEEDING: AMPARO ACTION RESOLUTION Nº 2025030124 CONSTITUTIONAL CHAMBER OF THE SUPREME COURT OF JUSTICE. San José, at nine hours thirty minutes on the nineteenth of September of two thousand twenty-five.
Amparo action filed by Nombre49424, identity card number CED38524, against MINAE, the MINISTRY OF THE PRESIDENCY OF THE REPUBLIC, and THE MINISTRY OF TOURISM.
Whereas:
- 1By brief filed in the Secretariat of the Chamber on August 15, 2025, the petitioner files an amparo action, due to the amendment of the Regulation for the Development and Execution of the Golfo de Papagayo Tourism Project, specifically by means of Executive Decree No. 44448 of January 17, 2024, in effect since May 21, 2024, in favor of Costa Ricans. He states that the purpose of creating the law for the Papagayo Project seeks sustainable development in the Guanacaste area, without harming the environment, and in compliance with Article 50 of the Constitution. This article, related to the right to a healthy and balanced environment, is key in the discussion about the project. The initiative seeks to harmonize tourism development with environmental protection, generating economic and social benefits for the local community, and respecting current legislation. The Bahía Papagayo project, in particular, has faced controversies, including an amparo action rejected by the Constitutional Chamber against the environmental viability granted by Nombre3456, which sought to stop the project.The Chamber's resolution confirmed that the project has complied with legal and environmental requirements, ratifying its commitment to a sustainable and responsible tourism model. The Papagayo Project initiative seeks: • Sustainable development: Balancing economic development with environmental protection. • Legal compliance: Ensuring the project is carried out in accordance with current legislation, including Article 50 of the Constitution. • Benefits for the community: Generating employment opportunities and boosting the local economy. • Environmental protection: Minimizing the environmental impact of the project and protecting the natural resources of the area. The creation and development of the Golfo de Papagayo Tourism Project in Costa Rica is primarily governed by Law No. 6758, "Ley Reguladora del Desarrollo y Ejecución del Proyecto Turístico Papagayo," and its regulation. This law establishes the creation of an executing office and a Master Plan (Plan Maestro) that guides the project's development.In addition, there are specific regulations and registries related to the concessions within the project area. In 2024, the Regulation for the Development and Execution of the Golfo de Papagayo Tourism Project was amended, specifically by Executive Decree No. 44448 of January 17, 2024, entering into force on May 21, 2024. This reform includes aspects such as the reformulation (replanteamiento) of the Master Plan (Plan Maestro), land-use (uso de suelo) regulations, zoning, road systems, densities, and project design, according to information published by Pgrweb.go.cr. Additionally, provisions are established on the granting of security interests (garantías reales) and the management of concessions, including the possibility for an executing creditor to manage or lease a concession to a third party. The responsibility of the executing creditor for the obligations of the concession area, such as the municipal canon and public services, is also addressed.Regarding social harm, it can be considered that diffuse interest allows its claim, it is duly protected by our Political Constitution. It is requested to suspend the application of the Amendment to the Regulation for the Development and Execution of the Golfo de Papagayo Tourism Project, specifically by Executive Decree No. 44448 of January 17, 2024, entering into force on May 21, 2024, until the merits of this action are resolved. It is requested that the present amparo action be declared with merit, that the amendment to the Regulation for the Development and Execution of the Golfo de Papagayo Tourism Project, specifically by Executive Decree No. 44448 of January 17, 2024, which entered into force on May 21, 2024, be annulled for being contrary to Article 50 of the Constitution, affecting the diffuse interests of Costa Ricans.
- 2On the same August 15, 2025, the petitioner requests that the brief he provides be read correctly in the following sense: "I, Nombre49424, ELDERLY ADULT, RESIDENT OF LIBERIA, formally file an AMPARO ACTION against the President of the Republic, Minister of Tourism, Environment, due to the amendment of the Regulation for the Development and Execution of the Golfo de Papagayo Tourism Project, specifically by means of Executive Decree No. 44448 of January 17, 2024, entering into force on May 21, 2024. In favor of Costa Ricans, affecting diffuse interests and environmental harm established in Article 50 of the Constitution. The amparo action is a legal mechanism in Costa Rica to protect fundamental rights and freedoms, including the right to a healthy environment recognized in Article 50 of the Constitution and in the future there may be irreversible damage in the area, SO I CONSIDER. Said amendment to the regulation of the Bahía Papagayo project, specifically in Playa Panamá, has generated concerns about irreversible damage to the local ecosystem, including mangroves, streams (quebradas), and wildlife.Activists and environmental organizations point to possible irregularities in the project's approval process and reports of illegal logging, which has led to investigations and legal appeals. Details of the concerns: • Damage to mangroves and streams (quebradas): It is argued that the project will affect the mangrove near Playa Panamá, as well as a stream (quebrada) that flows into it, altering the ecological balance of the area. • Alteration of the biological corridor: The construction of the project could affect the biological corridor used by animals such as monkeys, raccoons (mapaches), and coatis (pizotes), which are part of the natural attraction of the area. • Possible illegal logging: Practices such as "socola," which involves eliminating low vegetation and young trees, have been reported, modifying the forest ecosystem and facilitating a possible land-use change (cambio de uso de suelo). • Irregularities in the viability: The viability of the project is questioned due to alleged omissions in the identification of secondary forest (bosque secundario), wetlands, and watercourses in the area. • Lack of public consultation: The lack of adequate public consultation in the project approval process is criticized.Concerns about the principle of forest lifetime tenure (irreductibilidad del bosque): • The importance of protecting the forest and avoiding land-use changes (cambios de uso de suelo), even on private land, according to the forestry law (ley forestal), is emphasized. • This case is considered a symbol of the fight for the protection of ecosystems against uncontrolled development. WHEREAS ONE PURPOSE OF THE CREATION OF THE LAW FOR THE PAPAGAYO PROJECT The purpose of the creation of the law for the Papagayo Project seeks sustainable development in the Guanacaste area, without harming the environment, and in compliance with Article 50 of the Constitution. This article, related to the right to a healthy and balanced environment, is key in the discussion about the project. The initiative seeks to harmonize tourism development with environmental protection, generating economic and social benefits for the local community, and respecting current legislation.The Bahía Papagayo project, in particular, has faced controversies, including an amparo action rejected by the Constitutional Chamber against the environmental viability granted by Nombre3456, which sought to stop the project. The Chamber's resolution confirmed that the project has complied with legal and environmental requirements, ratifying its commitment to a sustainable and responsible tourism model. The Papagayo Project initiative seeks: • Sustainable development: Balancing economic development with environmental protection. • Legal compliance: Ensuring the project is carried out in accordance with current legislation, including Article 50 of the Constitution. • Benefits for the community: Generating employment opportunities and boosting the local economy. • Environmental protection: Minimizing the environmental impact of the project and protecting the natural resources of the area.Article 50 of the Political Constitution of Costa Rica establishes the right of all persons to a healthy and balanced environment. This principle guides the discussion on the development of the Papagayo Project, seeking that tourism activities are carried out in a way that does not harm the environment or the quality of life of the inhabitants of the area. SECOND CREATION OF PAPAGAYO PROJECT LAW JURISPRUDENCE The creation and development of the Golfo de Papagayo Tourism Project in Costa Rica is primarily governed by Law No. 6758, "Ley Reguladora del Desarrollo y Ejecución del Proyecto Turístico Papagayo," and its regulation. This law establishes the creation of an executing office and a Master Plan (Plan Maestro) that guides the project's development. In addition, there are specific regulations and registries related to the concessions within the project area. Creation of the Law and the Project: • Law No. 6758, published in 1982, declares the Golfo de Papagayo Tourism Project to be of public utility and establishes the bases for its regulation and execution. • The project is developed within the framework of a Master Plan (Plan Maestro), which is binding for the ICT (Instituto Costarricense de Turismo), other state institutions, and the concessionaires. • Law No. 6758 establishes that only the works provided for in the Master Plan (Plan Maestro) and those consistent with it will be carried out in the area designated for the project.Jurisprudence and Additional Regulations: • The General Registry of Concessions in the Polo Turístico Golfo de Papagayo was created, dependent on the Public Registry, to register all concessions granted by the ICT. • Executive Decree No. 22489-MP-J-TUR, published in 1993, establishes this registry and defines the acts and contracts that must be registered, including extensions, assignments, modifications, and mortgage encumbrances. • The Office of the Attorney General (Procuraduría General de la República) has issued opinions related to the planning and execution of the project, including the need for a formally published Master Plan (Plan Maestro). • The Master Plan (Plan Maestro) has been subject to reformulation (replanteamiento) and must be approved and published in "La Gaceta." • Law No. 6758 has been subject to reforms and regulations have been issued to regulate specific aspects of the project, such as the granting of security interests (garantías reales) over the concessions.THIRD AMENDMENT OF PAPAGAYO PROJECT REGULATION YEAR 2024 In 2024, the Regulation for the Development and Execution of the Golfo de Papagayo Tourism Project was amended, specifically by Executive Decree No. 44448 of January 17, 2024, entering into force on May 21, 2024. This reform includes aspects such as the reformulation (replanteamiento) of the Master Plan (Plan Maestro), land-use (uso de suelo) regulations, zoning, road systems, densities, and project design, according to information published by Pgrweb.go.cr. Additionally, provisions are established on the granting of security interests (garantías reales) and the management of concessions, including the possibility for an executing creditor to manage or lease a concession to a third party. The responsibility of the executing creditor for the obligations of the concession area, such as the municipal canon and public services, is also addressed.FOURTH DESCRIPTION OF HARM TO THE DIFFUSE INTERESTS OF COSTA RICANS Office of the Attorney General (Procuraduría General de la República) of Costa Rica As a legal basis for the existence of social harm as an affectation of collective and diffuse interests and the standing of the Office of the Attorney General (Procuraduría General de la República) to collect compensation for social harm, it can be cited that The Constitutional Chamber of the Supreme Court of Justice, in several resolutions, has developed the concepts of collective or diffuse interests, which belong to society. In its judgment No. 3705-1993, of July 30, 1993, it stated that: "(…). These are, then, individual interests, but, at the same time, diluted in more or less extensive and amorphous groups of people who share an interest and, therefore, receive a benefit or a detriment, current or potential, more or less equal for all, which is why it is accurately said that these are equal interests of the groups of people who find themselves in certain situations and, at the same time, of each one of them.That is, diffuse interests participate in a dual nature, since they are at once collective -for being common to a generality- and individual, for which they can be claimed in such character. (…)". Likewise, it clarifies that the list is not exhaustive, therefore they can be expanded as seen in the following example: "(…). This Chamber has enumerated various rights to which it has given the qualifier of 'diffuse,' such as the environment, cultural heritage, the defense of the territorial integrity of the country and the sound management of public spending, among others. (…); similarly, the defense of the sound management of the public funds authorized in the Budget of the Republic is an interest of all the inhabitants of Costa Rica, not just of any one group of them. (…)". Constitutional Chamber of the Supreme Court of Justice, Resolution No. 8239-2001, of August 14, 2001. In the same sense, judgments 15444-2008, of October 15, 2008, and 16967-2008, of November 12, 2008.Regarding social harm, it can be considered that diffuse interest allows its claim, it is duly protected by our Political Constitution, this follows from Art. 50 of our Magna Carta, which establishes: "Article 50. The State shall procure the greatest welfare for all the inhabitants of the country, organizing and stimulating production and the most adequate distribution of wealth. Every person has the right to a healthy and ecologically balanced environment. Therefore, they are entitled to denounce acts that infringe upon that right and to claim reparation for the harm caused. The State shall guarantee, defend, and preserve that right. The law shall determine the corresponding responsibilities and sanctions." Likewise, the Constitutional Chamber, in its binding judgment 41-2000, of January 4, 2000, has made an analysis of the breadth with which Art. 50 of the Constitution must be understood, in which case, the right to a healthy environment exceeds the limits of the environmental and transcends all spheres of the human being, such that, in the social field, the right of persons to have a healthy environment capable of providing opportunities for their development is clear, as observed: "(…).The right to a healthy environment has a broad content that equates to the aspiration of improving the living environment of the human being, in a way that exceeds the criteria of natural conservation to locate itself within every sphere in which the person develops, be it the family, the labor, or the environment in which they live. Hence, it is affirmed that it is a transversal right, that is, it moves throughout the entire legal system, modeling and reinterpreting its institutes. The environment is defined by the Royal Spanish Academy of Language as the 'set of physical circumstances that surround living beings,' which further emphasizes the general character of the right. (…)". Within the above context, society has demonstrated greater sensitivity and lower tolerance for acts that affect its quality of life, including those of corruption. In accordance with this precept, public authorities must ensure the rational use of all resources, in order to protect and improve the quality of life of its inhabitants, having to remove obstacles that impede or hinder the free development of the personality or that threaten human dignity.Along with this informing or guiding character of social or economic policy; quality of life constitutes a particular claim that must be recognized to each individual, being perceptible not only on the individual plane of each subject, but also on the social plane, demandable against public authorities and also against private parties. Thus considered, the alteration of the quality of life of a society can produce harms that must be compensated, not only by invoking Art. 50 of the Constitution. Also, by the compensating and restorative principle, that the one who harms pays, and the philosophy contained in the rules on liability in civil legislation, since for the duty to compensate to arise, what is important is that a harm has been caused to a person who does not have to endure it in a lasting manner. This is a third-generation or solidarity right, which supports its existence on the principles of indivisibility and interdependence, including solidarity with future generations.Regarding the capacity or standing to make the claim for social harm, the legislator expressly provided that this power would fall to the Office of the Attorney General (Procuraduría General de la República), when in Art. 38 of the Code of Criminal Procedure, it established: "Article 38. Civil action for social harm The civil action may be exercised by the Office of the Attorney General (Procuraduría General de la República), when dealing with punishable acts that affect collective or diffuse interests." JURISPRUDENCE In Costa Rica, the filing of an amparo action against amendments to the Regulation of the Papagayo Project, which are alleged to cause environmental harm and violate Article 50 of the Constitution, does not necessarily require a prior unconstitutionality action. The amparo action may be sufficient to question the legality and constitutionality of the measure, especially if environmental harm and the affectation of diffuse interests are alleged.Detailed explanation: 1. 1. Amparo Action: The amparo action is a legal mechanism in Costa Rica to protect fundamental rights and freedoms, including the right to a healthy environment recognized in Article 50 of the Constitution. 2. 2. Amendments to the Regulation: If it is considered that the amendments to the Regulation of the Papagayo Project cause environmental harm and violate Article 50, an amparo action can be filed directly before the Constitutional Chamber. 3. 3. Diffuse Interests: Article 50 protects diffuse interests, that is, those interests shared by an indeterminate group of persons, such as environmental protection. 4. 4. Unconstitutionality Action: Although an unconstitutionality action could be filed to annul the complete regulation, it is not a prerequisite for filing an amparo action. 5. 5. Jurisprudence: The jurisprudence of the Constitutional Chamber has recognized the validity of amparo actions to protect the environment and diffuse interests, even without the need for a prior unconstitutionality action, according to the Diccionario Usual del Poder Judicial. 6. 6.Effects of the Amparo Action: The Constitutional Chamber can order the suspension of the effects of the challenged act if it considers that its execution could cause irreparable harm. PRECAUTIONARY MEASURE It is requested to suspend the application of the Amendment to the Regulation for the Development and Execution of the Golfo de Papagayo Tourism Project, specifically by means of Executive Decree No. 44448 of January 17, 2024, entering into force on May 21, 2024, until the merits of this action are resolved. THEREFORE It is requested that the present Amparo Action be declared with merit, that the Amendment to the Regulation for the Development and Execution of the Golfo de Papagayo Tourism Project, specifically by means of Executive Decree No. 44448 of January 17, 2024, entering into force on May 21, 2024, be annulled for being contrary to Article 50 of the Constitution, affecting the diffuse interests of Costa Ricans."
- 3On the same August 15, 2025, the petitioner requests that the brief he provides be read correctly where he adds, in what is relevant, the following: "…PRINCIPLE OF FOREST LIFETIME TENURE (IRREDUCTIBILIDAD DEL BOSQUE) The principle of forest lifetime tenure (irreductibilidad del bosque), as applied in Costa Rica, establishes that forests must not be altered or converted to other land uses. This principle, derived from the Forestry Law (Ley Forestal), implies that harms caused to forests must be repaired and that land-use change (cambio de uso del suelo) is not permitted in forested areas, whether public or private. In essence, forest lifetime tenure (irreductibilidad del bosque) means that, once an area has been designated as forest, it must remain as such and cannot be transformed into another type of land, such as agricultural or urban. The law seeks to protect the ecological integrity of forests and prevent their degradation or disappearance.The principle of forest lifetime tenure (irreductibilidad del bosque) has important implications: • Restoration of degraded areas: It seeks to return degraded forests to their original condition. • Prohibition of land-use changes (cambios de uso de suelo): It is prohibited to change the land use (uso del suelo) in forested areas for other purposes. • Protection of biodiversity: Forests host a large number of plant and animal species, and their protection is fundamental for biodiversity conservation. • Conservation of ecosystem services: Forests provide important environmental services, such as climate regulation, water purification, and soil protection. It is important to note that there are exceptions to this principle, such as the construction of infrastructure of national interest or development projects, but these must be carefully evaluated and restricted, as established by law. The legislation seeks a balance between development and conservation, prioritizing the protection of forests as a vital resource. WHEREAS ONE PURPOSE OF THE CREATION OF THE LAW FOR THE PAPAGAYO PROJECT…".
- 4On the same August 15, 2025, the petitioner requests that the following be read correctly "THIRD EXPANSION AND LET IT BE READ CORRECTLY AMPARO ACTION 25 24445 007 CO," where he adds literally, in what is relevant, the following: "SO I CONSIDER, in the LAND-USE CHANGE (CAMBIO DE USO DE SUELO) of the GOLFO PAPAGAYO TOURISM PROJECT, the following was not taken into account: FIRST: The PRINCIPLE OF FOREST LIFETIME TENURE (IRREDUCTIBILIDAD DEL BOSQUE) in the land-use change (cambio de uso de suelo) of the Papagayo Tourism Project. SECOND: The non-participation of the residents of Playa Panamá and surrounding areas for the LAND-USE CHANGE (CAMBIO DE USO DE SUELO) of the Papagayo Tourism Project, violating fundamental rights, such as the right to citizen participation, the right to information, the right to a healthy and ecologically balanced environment, and potentially the right to property and legal certainty.THIRD: The Municipalities of Nombre14926 and Liberia must participate in the process of land-use change (cambio de uso de suelo) of the Papagayo Tourism Project, as they are directly involved due to their territorial jurisdiction. Both municipalities have the responsibility to regulate land use (uso del suelo) within their limits and must ensure that any change conforms to local and national regulations. Thus, said amendment to the regulation of the Bahía Papagayo project, specifically in Playa Panamá, has generated concerns about irreversible damage to the local ecosystem, including mangroves, streams (quebradas), and wildlife. Activists and environmental organizations point to possible irregularities in the project's approval process and reports of illegal logging, which has led to investigations and legal appeals. Details of the concerns: • Damage to mangroves and streams (quebradas): It is argued that the project will affect the mangrove near Playa Panamá, as well as a stream (quebrada) that flows into it, altering the ecological balance of the area. • Alteration of the biological corridor: The construction of the project could affect the biological corridor used by animals such as monkeys, raccoons (mapaches), and coatis (pizotes), which are part of the natural attraction of the area. • Possible illegal logging: Practices such as "socola," which involves eliminating low vegetation and young trees, have been reported, modifying the forest ecosystem and facilitating a possible land-use change (cambio de uso de suelo). • Irregularities in the viability: The viability of the project is questioned due to alleged omissions in the identification of secondary forest (bosque secundario), wetlands, and watercourses in the area. • Lack of public consultation: The lack of adequate public consultation in the project approval process is criticized.Concerns about the principle of forest lifetime tenure (irreductibilidad del bosque): • The importance of protecting the forest and avoiding land-use changes (cambios de uso de suelo), even on private land, according to the forestry law (ley forestal), is emphasized. • This case is considered a symbol of the fight for the protection of ecosystems against uncontrolled development. PRINCIPLE OF FOREST LIFETIME TENURE (IRREDUCTIBILIDAD DEL BOSQUE)… LAND USE (USO DE SUELO) QUESTION "Interrogante" can refer both to the action of asking and to a question itself, or to an unresolved or doubtful issue. It can also be a synonym for "question mark." In summary, "interrogante" can be a noun (masculine or feminine) that indicates a question or a problem to be solved, or an adjective that describes something that questions or implies interrogation. Here is a more detailed breakdown: 1. As a noun: • Question: "Interrogante" can refer to an explicit question, as in "I have a question (interrogante) about the task." • Doubtful or unresolved issue: "Interrogante" can also refer to a problem or doubt that needs to be clarified, as in "The origin of the universe is a great question (interrogante)." In this sense, it can be masculine or feminine, although in cultured usage, the masculine tends to be more common. 2.As an adjective: • That questions: "Interrogante" can describe something that asks or inquires, as in "a questioning look (mirada interrogante)." • That implies interrogation: It can also describe something that indicates or suggests a question, as in a "questioning intonation (entonación interrogante)." 3. As a question mark: • Although less common, "interrogante" can also refer to the orthographic sign "¿?". In summary, the term "interrogante" is versatile and can be used in different contexts to refer to questions, doubts, or the action of asking. FIRST QUESTION THE RESIDENTS OF THE PAPAGAYO PROJECT DO NOT NEED TO BE CONSULTED ABOUT ANYTHING, ABOUT THE LAND-USE CHANGE (CAMBIO DE USO DE SUELO) OF THAT PLACE, THE RESIDENTS' CRITERION DOES NOT MATTER. It is not correct to affirm that the residents of the Papagayo Project do not need to be consulted about land-use changes (cambios de uso del suelo).Citizen participation, including consulting residents, is a fundamental principle in decision-making processes that affect a community, especially when dealing with land-use changes (cambios de uso del suelo) that can have significant environmental and social impacts. Elaboration: The participation of residents in land-use (uso del suelo) decisions is crucial for several reasons: • Direct impact: Land-use changes (cambios de uso del suelo), such as the construction of new developments or the modification of green areas, can have a direct impact on the residents' quality of life, affecting factors such as access to services, mobility, pollution, and the availability of natural resources. • Local knowledge: Residents often have deep knowledge of the territory, including its environmental, social, and cultural characteristics, which can be valuable for making informed decisions. • Legitimacy and transparency: Consulting residents promotes transparency in the decision-making process and increases the legitimacy of the actions taken, by ensuring that the perspectives and concerns of the affected community are considered. • Sustainable development: Citizen participation can contribute to more sustainable development, ensuring that land-use (uso del suelo) decisions are made responsibly and considering long-term impacts.In summary, ignoring the opinion of the residents in a land-use change (cambio de uso de suelo) process in the Papagayo Project would not only be unjust, but could also lead to less informed decisions with greater risks of social and environmental conflicts. Consulting residents is a key element for equitable and sustainable development. SECOND QUESTION WHAT FUNDAMENTAL RIGHTS WOULD BE VIOLATED IF THE RESIDENTS OF PLAYA PANAMA AND OTHER RESIDENTS OF THE JURISDICTION ARE NOT CONSULTED ABOUT THE LAND-USE CHANGE (CAMBIO DE USO DE SUELO) IN THE PAPAGAYO TOURISM PROJECT If the residents of Playa Panamá and other nearby communities are not consulted about the land-use change (cambio de uso de suelo) for the Papagayo Tourism Project, several fundamental rights could be violated. Among them are the right to citizen participation, the right to information, the right to a healthy and ecologically balanced environment, and potentially the right to property and legal certainty.
Detailed explanation: • Right to citizen participation: This right, recognized in many legal and constitutional frameworks, implies that citizens have the right to be consulted and to participate in decision-making that affects their environment and quality of life. The lack of consultation in a project of this magnitude, which could have significant impacts on local development, infrastructure, and the environment, would be a violation of this right. • Right to information: Information about the project, its implications, and the land-use change (cambio de uso de suelo) process must be accessible and transparent to the neighbors. The lack of transparency and the absence of adequate information limit the ability of citizens to exercise their other rights, such as the right to participation. • Right to a healthy and ecologically balanced environment: The decision to change land use can have important environmental consequences, such as the alteration of ecosystems, pollution, or the impact on natural resources.
Consulting the neighbors, who are the primary users of the environment, is fundamental to evaluating and mitigating these impacts, guaranteeing a healthy environment for all. • Right to property and legal certainty: In some cases, changes in land use can directly affect the property of neighbors or generate uncertainty about their existing rights. Consultation and transparency in the process are crucial to guarantee that property rights are respected and legal conflicts are avoided. In summary, the lack of consultation with neighbors in the land-use change (cambio de uso de suelo) of the Papagayo Tourist Project could violate fundamental rights related to participation, information, the environment, and property. It is essential that a transparent and inclusive consultation process be established to ensure that the concerns and opinions of the affected communities are taken into account.
THIRD QUESTION MUST THE MUNICIPALITIES OF Nombre14926 AND LIBERIA PARTICIPATE IN THE LAND-USE CHANGE IN THE PAPAGAYO TOURIST PROJECT Yes, the municipalities of Nombre14926 and Liberia must participate in the land-use change (cambio de uso de suelo) process of the Papagayo Tourist Project, as they are directly involved due to their territorial jurisdiction. Both municipalities have the responsibility to regulate land use within their boundaries and must ensure that any change conforms to local and national regulations. The Papagayo Project, being located in both cantons, requires the coordinated participation of the municipalities of Nombre14926 and Liberia to guarantee adequate urban and environmental management. This includes the definition of zoning, the regulation of construction, and compliance with environmental laws. Furthermore, the participation of the municipalities is crucial to ensure that tourism development is carried out in a sustainable manner and that the interests of local communities are taken into account.
This may involve consultation with neighbors, environmental impact assessment (evaluación de impacto ambiental, EIA), and the definition of mechanisms for the compensation of possible negative effects of the project. In summary, the participation of the municipalities of Nombre14926 and Liberia is essential for the success and sustainability of the Papagayo Project, as they are the entities responsible for land management and urban development in their respective cantons. CONSIDERANDO PRIMERO BACKGROUND OF THE CREATION OF THE LAW FOR THE PAPAGAYO PROJECT…”.
- 5On August 16, 2025, the appellant requests that it be read correctly “ADDITION AND FOURTH EXPANSION AND LET AMPARO APPEAL 25 24445 007 CO BE READ CORRECTLY”, where they add literally, in what is relevant, the following: “FOURTH: THE LAW Placa22315 ON LAND COVERS THE PAPAGAYO TOURIST PROJECT, APPROVAL FROM THE MUNICIPALITIES IS NECESSARY Yes, Law 7779, the Law on Use, Management and Conservation of Soils, does apply to the Bahía Papagayo tourism project, and approval from the Municipality is necessary for this type of project. The law establishes the obligation to consider the land-use capacity (capacidad de uso del suelo) when developing any project, including tourism ones, and the Municipality, as the territorial entity, has the responsibility to ensure compliance with this regulation. Detailed explanation: • Law 7779 and Land Use: Law 7779 has as its main objective to regulate the use, management, and conservation of soils in Costa Rica, promoting sustainable development. • Land-Use Capacity: The law emphasizes the importance of evaluating the land-use capacity (capacidad de uso del suelo) before undertaking any project, including tourism ones. • Bahía Papagayo Project: The Bahía Papagayo Project, being a tourism development, is subject to this law and, therefore, must comply with the established requirements regarding land use. • Municipal Approval: The Municipality of the area where the project is located has the power to grant approval or reject it, depending on whether the project complies with current regulations and does not negatively affect the land-use capacity (capacidad de uso del suelo), as established by law. • Citizen Participation: Law 7779 also promotes the participation of communities in decision-making on the management and conservation of soil. • Coordinated Action: It is fundamental that the competent institutions, including the Municipality and other entities related to natural resource management, work in a coordinated manner to ensure sustainable development in the area.In summary, Law 7779, which regulates land use, is applicable to the Bahía Papagayo project and requires the approval of the Municipality, which must evaluate if the project complies with the sustainable land-use requirements established in the law. FIFTH: LAW No. 7779, KNOWN AS THE LAW ON USE, MANAGEMENT AND CONSERVATION OF SOILS. The "land-use law" refers to the regulations that determine how land can be used and developed, including permitted activities and restrictions regarding density, intensity, and height of construction. In Costa Rica, Law No. 7779, known as the Law on Use, Management and Conservation of Soils, establishes the principles for the use, management, and conservation of soils, with the objective of promoting sustainable development and protecting natural resources. In more detail: • Law No. 7779 (Costa Rica): This law, enacted in 1998, establishes guidelines for the use, management, and conservation of soils in the country. • Objectives of the law: The law seeks to promote the management, conservation, and recovery of soils in a sustainable manner, as well as to facilitate coordination among different competent institutions in the matter. • Planning instruments: Land-use plans (planes de ordenamiento territorial) and zoning regulations are key instruments for the application of the law, as they establish the permitted land uses in different zones. • Regulation to the Law: The Regulation to the Law on Use, Management and Conservation of Soils establishes the procedures and requirements for the application of the law, including the accreditation of professionals for soil studies and the certification of conforming land use. • Importance of the law: The law seeks to guarantee adequate land use, avoiding degradation and promoting sustainable practices in agriculture and other activities. • Focus on sustainability: The law promotes the participation of communities and producers in soil management, fostering practices that avoid erosion and resource degradation. • Public interest: The law declares state and private action for the management, conservation, and recovery of soils to be of public interest. • Subdivision and Urbanization Regulation (Reglamento de Fraccionamiento y Urbanizaciones): This regulation establishes the conditions for the division of land and urbanization, including requirements such as access to public roads and services, and compatibility with zoning.In summary, the land-use law is a legal framework that seeks to regulate the use and exploitation of land in a sustainable manner, considering environmental, social, and economic factors. SIXTH: Thus, the circumstances are… SEVENTH: PRINCIPLE OF FOREST IRREDUCIBILITY…EIGHTH: LAND USE QUESTION…”.
- 6On August 16, 2025, the appellant requests that it be read correctly “ADDITION 2 AND FIFTH EXPANSION AND LET AMPARO APPEAL 25 24445 007 CO BE READ CORRECTLY”, where they add literally, in what is relevant, the following: “…NINTH: WHAT TYPE OF DOCUMENT MUST THE MUNICIPALITY OF Nombre14926 AND LIBERIA GRANT FOR LAND-USE CHANGE IN THE PAPAGAYO PROJECT. For the land-use change (cambio de uso de suelo) in the Papagayo project, the Municipalities of Nombre14926 and Liberia must grant a land-use certificate (certificado de uso de suelo), which specifies the new permitted use for the land. This document validates that the requested change is compatible with the regulatory plan (plan regulador) and local regulations. Additionally, other documents may be required depending on the complexity of the project, such as construction permits or environmental impact studies. The general process for obtaining the land-use certificate (certificado de uso de suelo), including the Papagayo project, usually includes the following steps: 1. 1.Application: Submit the land-use application to the corresponding municipality, attaching the required documentation, such as the cadastral map of the property. 2. 2. Analysis: The municipality will evaluate the application, verifying that the proposed change of use is compatible with the regulatory plan (plan regulador) and current regulations. 3. 3. Resolution: Once approved, the municipality will issue the land-use certificate (certificado de uso de suelo), specifying the new permitted use for the land. 4. 4. Publication and notification: The municipality may need to publish the resolution and notify the interested parties. Additional considerations: • Munis.cr: The Munis.cr platform facilitates the management of land-use applications in some municipalities, allowing the process to be carried out online. • Additional documentation: Depending on the project, the presentation of construction permits, environmental impact studies, or sectoral permits may be required. • Change of land use: The change of land use implies modifying the current designation of the land, allowing a use different from the one originally established. • Compatibility: Compatibility refers to the proposed new use being compatible with the municipality's regulatory plan (plan regulador), its rules and regulations, as well as with the environment.”
- 7On August 16, 2025, the appellant requests that it be read correctly “ADDITION 3 AND SIXTH EXPANSION AND LET AMPARO APPEAL 25 24445 007 CO BE READ CORRECTLY”, where they add literally, in what is relevant, the following: “TENTH: JURISPRUDENCE THAT THE PAPAGAYO PROJECT DOES NOT REQUIRE APPROVAL FROM THE MUNICIPALITIES FOR THE LAND-USE CHANGE There is no jurisprudence that establishes that the Bahía Papagayo project does not need the approval of the municipalities for the land-use change (cambio de uso de suelo). In fact, the Environmental Prosecutor's Office is investigating an alleged land-use change (cambio de uso de suelo) on the land where the megaproject would be built, according to Semanario Universidad. Furthermore, an opinion from the Office of the Attorney General of the Republic (PGR) indicates that, in exceptional cases where the State does not require a construction license, it also does not need the land-use certificate (certificado de uso de suelo), but it does not refer specifically to the Bahía Papagayo project.The confusion may arise from a PGR opinion that analyzes a specific case where the State did not need the construction license, and therefore, also did not need the land-use certificate (certificado de uso de suelo). However, this opinion does not refer to the Bahía Papagayo project nor does it establish a general rule for all state or tourism projects. ELEVENTH: WHY IS THE LAND-USE LAW APPLIED TO A COSTA RICAN AND NOT TO THE PAPAGAYO PROJECT, THIS IS CONTRARY TO ARTICLE 33 OF THE CONSTITUTION The application of land-use laws, such as those related to the Papagayo Project, is not inherently contrary to Article 33 of the Political Constitution of Costa Rica, which establishes equality before the law and prohibits discrimination. Land use refers to the regulation of land use, and these laws can be applied to all citizens and projects, regardless of their origin or nationality, as long as it is done in a fair and equitable manner.Explanation: • Article 33 (Equality before the law): This article guarantees that all persons are equal before the law and that there should be no discrimination based on factors such as origin, race, gender, etc. • Land use: Land-use laws establish rules for construction, development, and land use in different zones. These laws seek to organize the territory, protect the environment, and promote sustainable development. • Papagayo Project: This is a tourism project that is subject to the land-use laws and other environmental regulations of Costa Rica. The application of these laws to projects like Papagayo is not discriminatory in itself, as long as they are applied consistently to all projects developed in the area. • It is not a contradiction: Although some people or groups may argue that land-use laws or their application in a particular case are discriminatory, the mere existence of these laws does not violate Article 33.It is crucial to analyze whether the application of the law in a specific case is discriminatory or not. In summary, the application of land-use laws, including those related to the Papagayo Project, is not contrary to Article 33 per se. However, it is important to ensure that the application of these laws is fair and equitable for all, and that they do not discriminate against any citizen. DOCUMENTS FOLIOS 22 AND 23”.
- 8That same August 16, 2025, the appellant requests that it be read correctly “SUMMARY AND LET AMPARO APPEAL 25 24445 007 CO BE READ CORRECTLY”, where they reiterate the complete filing document.
- 9On August 17, 2025, the appellant provides a writing titled “LACK OF DIALOGUE BETWEEN THE PARTIES SUMMARY 2 AND LET AMPARO APPEAL 25 24445 007 CO BE READ CORRECTLY”, where they add literally, in what is relevant, the following: “…In the Political Constitution of Costa Rica, the absence of dialogue can violate several articles, mainly those related to freedom of expression, citizen participation, and the right to information. Specifically, articles 28, 29, and 30 of the Constitution are the most affected by the lack of dialogue. Elaboration: • Article 28: This article guarantees freedom of opinion and prohibits persecution for acts that do not infringe the law. The lack of dialogue can lead to the restriction of the expression of opinions and the marginalization of certain groups, which violates this right. • Article 29: This article establishes freedom of communication of thoughts, both by word and in writing, and the possibility of publishing them without prior censorship.The lack of dialogue can prevent certain ideas or perspectives from being communicated and discussed, thus limiting freedom of expression and access to information. • Article 30: This article guarantees access to public information. An effective dialogue requires that all parties have access to relevant information to make informed decisions. The absence of dialogue can generate misinformation and hinder citizen participation in matters of public interest. In summary, the lack of dialogue in Costa Rica, especially in the political sphere, can lead to the violation of fundamental rights related to freedom of expression, citizen participation, and access to information. Dialogue is essential to ensure a democratic society where diverse opinions and perspectives are heard and considered. The jurisdiction of the local governments of Nombre14926 and Liberia in the province of Guanacaste, Costa Rica, is defined by the cantonal boundaries established by law.Nombre14926 extends over four districts: Filadelfia, Palmira, Sardinal, and Belén, while Liberia comprises five: Liberia, Cañas Dulces, Mayorga, Nacascolo, and Curubandé. Jurisdiction of Carrillo: • Canton of Carrillo: It was created in 1877 and its capital is Filadelfia, formerly known as Siete Cueros, according to the Municipality of Carrillo. • Districts: • Filadelfia: Includes settlements such as Ballena (part), Corralillo, Guinea, Isleta (part), Jocote, Juanilama, Moralito, Ojoche, and San Francisco. • Palmira: Includes settlements such as Ángeles, Comunidad, Paso Tempisque (part), and San Rafael. • Sardinal: • Belén: Jurisdiction of Liberia: • Canton of Liberia: It is one of the original cantons of Guanacaste, established in 1848, according to the Supreme Electoral Tribunal of Costa Rica. • Districts: • Liberia: The central and largest district of the canton. • Cañas Dulces: • Mayorga: • Nacascolo: • Curubandé: The smallest district of Liberia.DIALOGUE: To improve communication and citizen participation in relation to the complaints about the Bahía Papagayo tourism project, the Municipalities of Nombre14926 and Liberia could implement an open and transparent dialogue through various mechanisms. The creation of dialogue tables with the participation of representatives from the municipalities, citizens, local organizations, and experts in environmental and tourism issues is suggested. Additionally, periodic public hearings could be held, clear and accessible information published on their websites and social networks, and online citizen participation tools used to receive opinions and suggestions. Specific mechanisms to foster dialogue: • Dialogue tables: Establish formal conversation spaces where concerns are discussed, proposals are presented, and joint solutions are sought. • Public hearings: Hold periodic public hearings in different zones of influence of the project, allowing citizens to express their opinions and present their complaints publicly. • Accessible information: Publish detailed and understandable information about the project on the municipalities' websites, social networks, and other media.This should include information on permits, environmental impact studies, management plans, and project progress. • Online citizen participation: Use digital platforms so citizens can send their questions, comments, and suggestions, and participate in surveys or consultations about the project. • Proactive communication: Municipalities must proactively inform about the project, its progress, and any relevant developments for citizens, preventing information from being leaked or distorted. • Complaint and follow-up channels: Enable specific channels for submitting complaints about the project, and ensure effective follow-up on them, informing complainants of the actions taken. • Education and awareness: Carry out education and awareness campaigns on the importance of citizen participation and sustainable tourism management. • Focus on transparency: Transparency must be a fundamental pillar throughout the process, allowing citizens to have access to relevant information and actively participate in decision-making. • Inter-institutional coordination: Municipalities must coordinate actions with other relevant institutions, such as the Ministry of Environment and Energy, the Costa Rican Tourism Board, and other entities, to ensure comprehensive project management and effectively address citizen concerns. • Accountability: Municipalities must render accounts to the citizenry on the actions taken in relation to the project, their results, and the mechanisms implemented to guarantee citizen participation.FURTHERMORE, I SO CONSIDER that in the land-use change (cambio de USO DE SUELO) of the GULF OF PAPAGAYO TOURIST PROJECT, the following was not taken into account: FIRST: The PRINCIPLE OF FOREST IRREDUCIBILITY in the land-use change of the Papagayo Tourist Project. SECOND: The non-participation of the neighbors of Playa Panamá and surrounding areas for the land-use change (cambio de USO DE SUELO) of the Papagayo Tourist Project, violating fundamental rights, such as the right to citizen participation, the right to information, the right to a healthy and ecologically balanced environment, and potentially the right to property and legal certainty. THIRD: The Municipalities of Nombre14926 and Liberia must participate in the land-use change (cambio de uso de suelo) process of the Papagayo Tourist Project, as they are directly involved due to their territorial jurisdiction. Both municipalities have the responsibility to regulate land use within their boundaries and must ensure that any change conforms to local and national regulations.FOURTH: THE LAW Placa22315 ON LAND COVERS THE PAPAGAYO TOURIST PROJECT, APPROVAL FROM THE MUNICIPALITIES IS NECESSARY… TWELFTH: WHY ARE THERE SO MANY COMPLAINTS, WHAT IS CONSIDERED THE MOST ADEQUATE INFORMATION AND THAT THERE IS NO MISINFORMATION AMONG THE PARTIES, IS THERE NO OPEN MANAGEMENT OF INFORMATION REGARDING THE BAHIA PAPAGAYO TOURIST PROJECT In relation to the complaints and misinformation about the Bahía Papagayo tourism project, the reasons can be varied, including a lack of transparency in the project's management, the complexity of the processes involved, and the spread of erroneous information on social networks and other media. To address this, it is crucial to ensure open access to relevant information, promote media literacy, and foster open dialogue among all interested parties. Possible reasons for the complaints and misinformation: • Lack of transparency: Opacity in the project's management, lack of clarity about permits, environmental impact assessments (evaluaciones de impacto ambiental), and development plans can generate distrust and encourage speculation. • Complexity of the project: Projects of this magnitude are often complex, involving multiple actors and regulations, which can hinder understanding and generate confusion, especially if it is not communicated clearly and accessibly. • Misinformation on social networks: Social networks can be a breeding ground for the spread of false or misleading information, often without verification of sources.This can amplify concerns and generate conflicts. • Opposing interests: Different stakeholders (local communities, investors, government, etc.) may have different or even contradictory interests, which can lead to the spread of biased information or its manipulation to favor certain interests. • Lack of trust in institutions: If the population perceives that the institutions responsible for regulating or managing the project are not transparent or impartial, this can lead to rejection of the project and the search for information from alternative sources, some of which may be unreliable. Measures to address misinformation and promote adequate information: • Open access to information: Publish clearly and accessibly all relevant information about the project, including studies, permits, development plans, and environmental impact assessments (evaluaciones de impacto ambiental). • Citizen participation: Encourage the active participation of the community in the decision-making process, through public hearings, citizen consultations, and feedback mechanisms. • Media literacy: Promote education on how to identify false or misleading information, how to evaluate the credibility of sources, and how to contrast information with different sources. • Open and transparent dialogue: Facilitate dialogue among all stakeholders, including local communities, investors, government, and experts, to address concerns and seek joint solutions. • Accountability: Establish clear mechanisms for institutions to be accountable for their actions and decisions regarding the project.By addressing these aspects, an environment of greater trust, transparency, and collaboration can be built, reducing misinformation and promoting sustainable and equitable tourism development in Bahía Papagayo. THIRTEENTH: The jurisdiction of the local governments of Nombre14926 and Liberia in the province of Guanacaste, Costa Rica, is defined by the cantonal boundaries established by law. Nombre14926 extends over four districts: Filadelfia, Palmira, Sardinal, and Belén, while Liberia comprises five: Liberia, Cañas Dulces, Mayorga, Nacascolo, and Curubandé. Jurisdiction of Nombre14926: • Canton of Carrillo: It was created in 1877 and its capital is Filadelfia, formerly known as Siete Cueros, according to the Municipality of Carrillo. • Districts: • Filadelfia: Includes settlements such as Ballena (part), Corralillo, Guinea, Isleta (part), Jocote, Juanilama, Moralito, Ojoche, and San Francisco. • Palmira: Includes settlements such as Ángeles, Comunidad, Paso Tempisque (part), and San Rafael. • Sardinal: • Belén: Jurisdiction of Liberia: • Canton of Liberia: It is one of the original cantons of Guanacaste, established in 1848, according to the Supreme Electoral Tribunal of Costa Rica. • Districts: • Liberia: The central and largest district of the canton. • Cañas Dulces: • Mayorga: • Nacascolo: • Curubandé: The smallest district of Liberia.WHAT WOULD BE THE BEST WAY AS LOCAL GOVERNMENTS ACCORDING TO THEIR JURISDICTION FOR THE MUNICIPALITY OF Nombre14926 AND LIBERIA, SO THAT THERE IS DIALOGUE ABOUT WHY THERE ARE SO MANY COMPLAINTS IN THE BAHIA PAPAGAYO TOURIST PROJECT, SO THAT INFORMATION IS MORE FLUID AND OPEN, AND THERE IS PARTICIPATION FROM INTERESTED CITIZENS. To improve communication and citizen participation in relation to the complaints about the Bahía Papagayo tourism project, the Municipalities of Nombre14926 and Liberia could implement an open and transparent dialogue through various mechanisms. The creation of dialogue tables with the participation of representatives from the municipalities, citizens, local organizations, and experts in environmental and tourism issues is suggested. Additionally, periodic public hearings could be held, clear and accessible information published on their websites and social networks, and online citizen participation tools used to receive opinions and suggestions.Specific mechanisms to foster dialogue: • Dialogue tables: Establish formal conversation spaces where concerns are discussed, proposals are presented, and joint solutions are sought. • Public hearings: Hold periodic public hearings in different zones of influence of the project, allowing citizens to express their opinions and present their complaints publicly. • Accessible information: Publish detailed and understandable information about the project on the municipalities' websites, social networks, and other media. This should include information on permits, environmental impact studies, management plans, and project progress. • Online citizen participation: Use digital platforms so citizens can send their questions, comments, and suggestions, and participate in surveys or consultations about the project. • Proactive communication: Municipalities must proactively inform about the project, its progress, and any relevant developments for citizens, preventing information from being leaked or distorted. • Complaint and follow-up channels: Enable specific channels for submitting complaints about the project, and ensure effective follow-up on them, informing complainants of the actions taken. • Education and awareness: Carry out education and awareness campaigns on the importance of citizen participation and sustainable tourism management. • Focus on transparency: Transparency must be a fundamental pillar throughout the process, allowing citizens to have access to relevant information and actively participate in decision-making. • Inter-institutional coordination: Municipalities must coordinate actions with other relevant institutions, such as the Ministry of Environment and Energy, the Costa Rican Tourism Board, and other entities, to ensure comprehensive project management and effectively address citizen concerns. • Accountability: Municipalities must render accounts to the citizenry on the actions taken in relation to the project, their results, and the mechanisms implemented to guarantee citizen participation.CONSIDERANDO PRIMERO BACKGROUND OF THE CREATION OF THE LAW FOR THE PAPAGAYO PROJECT The background of the creation of the law for the Papagayo Project seeks sustainable development in the Guanacaste zone, without harming the environment, and in compliance with Article 50 of the Constitution. This article, related to the right to a healthy and balanced environment, is key in the discussion about the project. The initiative seeks to harmonize tourism development with environmental protection, generating economic and social benefits for the local community, and respecting current legislation.
The Bahía Papagayo project, in particular, has faced controversies, including a writ of amparo rejected by the Sala Constitucional against the environmental feasibility (viabilidad ambiental) granted by Nombre3456, which sought to halt the project. The Sala's resolution confirmed that the project has complied with legal and environmental requirements, ratifying its commitment to a sustainable and responsible tourism model. The Papagayo Project initiative seeks: • Sustainable development: Balance economic development with environmental protection. • Legal compliance: Ensure the project is carried out in accordance with current legislation, including Article 50 of the Constitution. • Community benefits: Generate employment opportunities and boost the local economy. • Environmental protection: Minimize the project's environmental impact and protect the area's natural resources. Article 50 of the Political Constitution of Costa Rica establishes the right of all persons to a healthy and balanced environment. This principle guides the discussion on the development of the Papagayo Project, seeking to ensure that tourism activities are conducted in a manner that does not harm the environment or the quality of life of the area's inhabitants.
SECOND: CREATION, PAPAGAYO PROJECT LAW, JURISPRUDENCE The creation and development of the Golfo de Papagayo Tourism Project in Costa Rica is primarily governed by Law No. 6758, "Ley Reguladora del Desarrollo y Ejecución del Proyecto Turístico Papagayo", and its regulations. This law establishes the creation of an executing office and a Master Plan that guides the project's development. In addition, there are specific regulations and registries related to concessions within the project area. Creation of the Law and the Project: • Law No. 6758, published in 1982, declares the Golfo de Papagayo Tourism Project to be of public utility and establishes the bases for its regulation and execution. • The project is developed within the framework of a Master Plan, which is binding for the ICT (Instituto Costarricense de Turismo), other state institutions, and the concessionaires. • Law No. 6758 establishes that in the area designated for the project, only works foreseen in the Master Plan and those consistent with it will be carried out.
Jurisprudence and Additional Regulations: • The Registro General de Concesiones en el Polo Turístico Golfo de Papagayo was created, dependent on the Public Registry, to register all concessions granted by the ICT. • Decreto Ejecutivo N° 22489-MP-J-TUR, published in 1993, establishes this registry and defines the acts and contracts that must be registered, including extensions, assignments, modifications, and mortgage encumbrances. • The Procuraduría General de la República has issued opinions related to the planning and execution of the project, including the need for a formally published Master Plan. • The Master Plan has been subject to rethinking and must be approved and published in "La Gaceta". • Law No. 6758 has been reformed, and regulations have been issued to regulate specific aspects of the project, such as the granting of real guarantees over concessions.
THIRD: MODIFICATION OF THE PAPAGAYO PROJECT REGULATION IN 2024 In 2024, the Reglamento para el Desarrollo y Ejecución del Proyecto Turístico Golfo de Papagayo was modified, specifically through Decreto Ejecutivo N° 44448 of January 17, 2024, entering into force on May 21, 2024. This reform includes aspects such as the rethinking of the Master Plan, land-use regulations, zoning, roadways, densities, and project design, according to information published by Pgrweb.go.cr. In addition, provisions are established regarding the granting of real guarantees and the management of concessions, including the possibility that an executing creditor may administer or lease a concession to a third party. It also addresses the responsibility of the executing creditor for the obligations of the concession area, such as the municipal canon and public services.
FOURTH: DESCRIPTION OF DAMAGE TO THE DIFFUSE INTERESTS OF COSTA RICANS Procuraduría General de la República de Costa Rica As a legal basis for the existence of social damage as an affectation of collective and diffuse interests and the standing of the Procuraduría General de la República to collect compensation for social damage, the Sala Constitucional of the Supreme Court of Justice, in various resolutions, has developed the concepts of collective or diffuse interests, which belong to society. In its ruling No. 3705-1993, of July 30, 1993, it indicated that: "(...). These are, then, individual interests, but, at the same time, diluted in more or less extensive and amorphous sets of people who share an interest and, therefore, receive a benefit or a detriment, actual or potential, more or less equal for all, so it is rightly said that these are equal interests of the sets of people who find themselves in certain situations and, at the same time, of each one of them.
That is, diffuse interests partake of a dual nature, as they are simultaneously collective -being common to a generality- and individual, for which they can be claimed in such character. (...)". Likewise, it clarifies that the list is not exhaustive, therefore they can be expanded as seen in the following example: "(...). This Chamber has enumerated various rights to which it has given the qualifier of 'diffuse', such as the environment, cultural heritage, the defense of the country's territorial integrity and the proper management of public spending, among others. (...); in the same way, the defense of the proper management made of the public funds authorized in the Budget of the Republic is an interest of all inhabitants of Costa Rica, not only of any one group of them. (...)". Sala Constitucional of the Supreme Court of Justice, Resolution No. 8239-2001, of August 14, 2001. In the same sense, rulings 15444-2008, of October 15, 2008, and 16967-2008, of November 12, 2008.
Regarding social damage, it can be considered that diffuse interest allows its claim, it is duly protected by our Political Constitution, this emerges from Art. 50 of our Magna Carta, which establishes: "Article 50. The State shall strive for the greatest well-being of all inhabitants of the country, organizing and stimulating production and the most adequate distribution of wealth. Every person has the right to a healthy and ecologically balanced environment. Therefore, they are legitimized to denounce acts that infringe that right and to claim reparation for the damage caused. The State shall guarantee, defend, and preserve that right. The law shall determine the corresponding responsibilities and sanctions." Likewise, the Sala Constitucional in its binding ruling 41-2000, of January 4, 2000, has made an analysis of the breadth with which Art. 50 of the Constitution must be understood, in which case, the right to a healthy environment surpasses the limits of the environmental and transcends to every sphere of the human being, such that, in the social field, the right of people to have a healthy environment capable of providing them with opportunities for their development is clear, as observed: "(...).
The right to a healthy environment has a broad content that equates to the aspiration of improving the living environment of the human being, so that it overflows the criteria of natural conservation to be located within every sphere in which the person develops, be it family, work, or the environment in which they live. Hence, it is affirmed that it is a transversal right, that is, it moves throughout the entire legal system, modeling and reinterpreting its institutes. The environment is defined by the Royal Spanish Academy of Language as the 'set of physical circumstances that surround living beings', which further emphasizes the general character of the right. (...)". Within the previous context, society has demonstrated greater sensitivity and lower tolerance to acts that affect its quality of life, including those of corruption. In accordance with this precept, public powers must ensure the rational use of all resources, in order to protect and improve the quality of life of its inhabitants, being obliged to remove obstacles that impede or hinder the free development of personality or threaten human dignity.
Along with this informing or guiding character of social or economic policy; quality of life constitutes a particular claim that must be recognized to each individual, being perceptible not only on the individual level of each subject, but also on the social level, enforceable against public powers and also against private parties. Thus considered, the alteration of a society's quality of life can produce damages that must be compensated, not only by invoking Art. 50 of the Constitution. Also, by the compensating and restorative principle, that the one who damages pays, and the philosophy contained in the norms on liability of civil legislation, since for the duty to compensate to arise, the important thing is that damage has been caused to a person who does not have to bear it in a lasting manner. This is a third-generation or solidarity right, which supports its existence on the principles of indivisibility and interdependence, including solidarity with future generations.
Regarding the capacity or standing to make the claim for social damage, the legislator provided, expressly, that this faculty would fall to the Procuraduría General de la República, when in Art. 38 of the Code of Criminal Procedure, it established: "Article 38. Civil action for social damage The civil action may be exercised by the Procuraduría General de la República, when dealing with punishable acts that affect collective or diffuse interests." JURISPRUDENCE In Costa Rica, the filing of a writ of amparo (recurso de amparo) against modifications to the Reglamento del Proyecto Papagayo, which are alleged to cause environmental damage and violate Article 50 of the Constitution, does not necessarily require a prior acción de inconstitucionalidad. The writ of amparo may be sufficient to question the legality and constitutionality of the measure, especially if environmental damage and the affectation of diffuse interests are alleged.
Detailed explanation: 1. 1. Writ of Amparo: The writ of amparo is a legal mechanism in Costa Rica to protect fundamental rights and freedoms, including the right to a healthy environment recognized in Article 50 of the Constitution. 2. 2. Modifications to the Regulation: If it is considered that the modifications to the Reglamento del Proyecto Papagayo cause environmental damage and violate Article 50, a writ of amparo can be filed directly before the Sala Constitucional. 3. 3. Diffuse Interests: Article 50 protects diffuse interests, that is, those interests shared by an indeterminate group of people, such as environmental protection. 4. 4. Acción de Inconstitucionalidad: Although an acción de inconstitucionalidad could be filed to annul the complete regulation, it is not a prerequisite for filing a writ of amparo. 5. 5. Jurisprudence: The jurisprudence of the Sala Constitucional has recognized the validity of writs of amparo to protect the environment and diffuse interests, even without the need for a prior acción de inconstitucionalidad, according to the Diccionario Usual del Poder Judicial. 6. 6. Effects of the Writ of Amparo: The Sala Constitucional can order the suspension of the effects of the challenged act if it considers that its execution could cause irreparable harm.
PRECAUTIONARY MEASURE It is requested to suspend the application of the Modification of the Reglamento para el Desarrollo y Ejecución del Proyecto Turístico Golfo de Papagayo, specifically through Decreto Ejecutivo N° 44448 of January 17, 2024, entering into force on May 21, 2024, until the merits of this appeal are resolved.
POR TANTO It is requested that the present Recurso de Amparo be declared with merit, that the Modification of the Reglamento para el Desarrollo y Ejecución del Proyecto Turístico Golfo de Papagayo, specifically through Decreto Ejecutivo N° 44448 of January 17, 2024, entering into force on May 21, 2024, be annulled, for being contrary to Articles 28, 29, 30, 33, 50 of the Constitution, affecting the diffuse interests of Costa Ricans, such as dialogue between the parties.".
- 10On the same August 17, 2025, the appellant provides a document titled "SE ADICIONA, AGREGA AL RECURSO DE AMPARO A LA FALTA DIALOGO DE LAS PARTES RESUMEN 2 Y LEASE CORRECTAMENTE RECURSO DE AMPARO 25 24445 007 CO", where they literally add, in what is of interest, the following: "...FOURTEENTH: FOR THE LAND-USE CHANGE (CAMBIO DEL USO DE SUELO) IN THE GOLFO PAPAGAYO TOURISM PROJECT AND THAT IN THE FUTURE THERE MAY BE IRREVERSIBLE DAMAGE IN THE AREA. AND ABSENCE OF DIALOGUE BETWEEN THE PARTIES IN THIS REGARD, VIOLATING ARTICLES 28, 29 AND 30 OF THE POLITICAL CONSTITUTION OF COSTA RICA, The change in land use of the Golfo Papagayo Tourism Project, with the potential to cause irreversible damage in the area and the lack of dialogue between the involved parties, could be violating Articles 28, 29 and 30 of the Political Constitution of Costa Rica. These articles guarantee the freedom of enterprise, private property, and the right to information and citizen participation in matters of public interest.The change in land use and its implications: • Land use and tourism development: The change in land use, especially if it involves the alteration of fragile ecosystems or construction in highly vulnerable areas, can have negative consequences for the environment and biodiversity. • Irreversible damage: The transformation of the land can lead to the loss of natural habitats, water and soil contamination, and the alteration of hydrological patterns, with impacts that can be difficult or impossible to reverse. • Absence of dialogue: The lack of an open and transparent dialogue between project developers, authorities, and the local community can generate distrust, resentment, and social conflicts. Violation of constitutional articles: • Article 28 (Freedom of enterprise): The freedom of enterprise is not absolute and must be exercised within the limits established by law and public interest.A tourism project causing significant environmental damage could be exceeding those limits. • Article 29 (Private property): While private property is protected, it is also subject to limitations for reasons of social interest. The transformation of land for a tourism project must consider the impact on access to natural resources and community well-being. • Article 30 (Right to information and participation): This article guarantees the right of citizens to access public information and participate in decision-making that affects them. The lack of transparency and dialogue in the Golfo Papagayo project could be violating this fundamental right. In summary, the land-use change in the Golfo Papagayo Tourism Project, together with the lack of dialogue, could be violating the Political Constitution of Costa Rica by not guaranteeing environmental protection and the right to citizen participation in matters of public interest.FIFTEENTH: THE LACK OF DIALOGUE BETWEEN THE PARTIES DUE TO LAND-USE CHANGE, AND THE LACK OF CITIZEN PARTICIPATION VIOLATES ARTICLES 28, 29 AND 30 OF THE CONSTITUTION, JURISPRUDENCE COSTA RICA The lack of dialogue between the parties involved in land-use changes, together with limited citizen participation, can be considered a violation of Articles 28, 29 and 30 of the Political Constitution of Costa Rica, as well as national jurisprudence. These articles guarantee the right of petition, freedom of expression, and citizen participation in matters of public interest. The lack of dialogue and participation can negatively affect the right to a healthy and sustainable environment. Analysis: • Article 28 of the Constitution: This article guarantees the right of petition, which implies that citizens have the right to address authorities to request information or express their opinions on matters of public interest, such as land-use changes.The lack of dialogue can impede the effective exercise of this right. • Article 29 of the Constitution: This article guarantees freedom of expression, which includes the possibility of participating in public debates on issues relevant to the community, such as land-use changes. The lack of spaces for dialogue and participation limits this freedom. • Article 30 of the Constitution: This article enshrines the right to information and participation in public management. The lack of dialogue and prior consultation in land-use change processes hinders transparency and citizen participation in decision-making. • Jurisprudence: The jurisprudence of Costa Rica, particularly that of the Tribunal Contencioso Administrativo and the Sala Constitucional, has recognized the importance of the right to citizen participation in environmental and territorial planning matters. These courts have established that authorities must guarantee spaces for dialogue and consultation before making decisions that affect the environment and land use. • Impact on the Right to a Healthy Environment: The lack of dialogue and citizen participation in land-use changes can lead to decisions that do not adequately consider environmental and social impacts, violating the right to a healthy and sustainable environment, recognized in various laws and international treaties.In summary: The lack of dialogue and citizen participation in land-use change processes can be considered a violation of the fundamental rights protected by the Political Constitution of Costa Rica and national jurisprudence, particularly with regard to the right of petition, freedom of expression, and the right to information and participation in public management".
- 11On August 19, 2025, the appellant provides a document titled "SE ADICIONA, AGOSTO 19, 2025 AGREGA AL RECURSO DE AMPARO A LA FALTA DIALOGO DE LAS PARTES RESUMEN 2 Y LEASE CORRECTAMENTE RECURSO DE AMPARO 25 24445 007 CO", where they literally add, in what is of interest, the following: "...In summary, the lack of dialogue in Costa Rica, especially in the political sphere, can lead to the violation of fundamental rights related to freedom of expression, citizen participation, and access to information. Dialogue is essential to ensure a democratic society where diverse opinions and perspectives are heard and considered. The lack of dialogue between the municipalities of Nombre14926 and Liberia and the neighbors, in relation to the Papagayo project, could violate various articles of the Political Constitution of Costa Rica, mainly those related to citizen participation, transparency, and access to information.In addition, it could affect fundamental rights such as private property and a healthy environment. The project, under Law 6758, implements strict regulation regarding land use, allocating only 30% for construction and designating the remaining 70% as a conservation area. ANALYSIS: This provision, clearly focused on conservation, seeks to mitigate the environmental impact of development and promote a balance between human activity and the preservation of the natural environment. The focus on conserving 70% of the concessioned area suggests a strategy to protect ecosystems, biodiversity, and natural resources, which can be beneficial for the environment and, in the long term, for the sustainable development of the project. Possible implications: • Reduced environmental impact: By limiting construction, deforestation, habitat fragmentation, and alteration of natural ecosystems are minimized. • Conservation of biodiversity: The preservation of 70% of the area allows for the protection of plant and animal species, as well as their breeding and feeding grounds. • Potential for ecotourism: A well-managed conservation area can attract ecotourism activities, generating additional income for the community and promoting environmental awareness. • Restrictions on development: The 30% limitation for construction could be restrictive for some projects, requiring careful planning and efficient use of available space. • Implementation challenges: The effective management and protection of the conservation area will require resources, trained personnel, and adequate surveillance.In summary, the law establishes a legal framework that prioritizes the conservation of the natural environment, although it also presents challenges in its practical implementation...SIXTH: Thus, said modification of the regulation of the Bahía Papagayo project, specifically in Playa Panamá, has generated concerns about irreversible damage to the local ecosystem, including mangroves, streams (quebradas), and wildlife. Activists and environmental organizations point to possible irregularities in the project's approval process and reports of illegal logging, which has led to investigations and legal appeals. Details of the concerns: • Damage to mangroves and streams: It is argued that the project will affect the mangrove near Playa Panamá, as well as a stream that flows into it, altering the ecological balance of the area. • Alteration of the biological corridor: The project's construction could affect the biological corridor used by animals such as monkeys, raccoons, and coatis, which are part of the area's natural attraction. • Possible illegal logging: Practices such as "socola", which involves removing low vegetation and young trees, modifying the forest ecosystem and facilitating a possible land-use change, have been reported. • Irregularities in feasibility: The project's feasibility is questioned due to alleged omissions in the identification of secondary forest, wetlands, and watercourses in the area. • Lack of public consultation: The lack of adequate public consultation in the project's approval process is criticized.Concerns about the principle of forest lifetime tenure (irreductibilidad del bosque): • The importance of protecting the forest and avoiding land-use changes, even on private lands, according to the forest law, is emphasized. • This case is considered a symbol of the struggle to protect ecosystems in the face of uncontrolled developments. SEVENTH: PRINCIPLE OF FOREST LIFETIME TENURE...".
- 12On August 19, 2025, the appellant provides a document titled "SE ADICIONA, 11:02 am AGOSTO 19, 2025 AGREGA AL RECURSO DE AMPARO A LA FALTA DIALOGO DE LAS PARTES RESUMEN 2 Y LEASE CORRECTAMENTE RECURSO DE AMPARO 25 24445 007 CO", where they literally add, in what is of interest, the following: "...The writ of amparo is a legal mechanism in Costa Rica to protect fundamental rights and freedoms, including the right to a healthy environment recognized in Article 50 of the Constitution, due to the land-use change in the Golfo Papagayo Tourism Project and that in the future there may be irreversible damage in the area. In addition, I CONSIDER an absence of dialogue between the parties in this regard, violating Articles 28, 29 and 30 of the Political Constitution of Costa Rica, ... The project, under Law 6758, implements strict regulation regarding land use, allocating only 30% for construction and designating the remaining 70% as a conservation area.Why so many complaints against the land-use change in Decree 44448 today. Decree 44448 has generated many complaints because, although Law 6758 establishes strict regulation with 70% conservation, the decree would allow changes in land use that could be interpreted as a flexibilization of that regulation, opening the door to greater construction and potentially reducing protected areas. Breakdown of the concern: • Law 6758: This law establishes a legal framework for the protection of natural areas, with a clear focus on conservation, allocating the majority of the territory for this purpose. • Decree 44448: It is feared that this decree, by modifying land use, could allow construction in areas currently intended for conservation, thus reducing the extent of protected areas and affecting biodiversity. • Reasons for the complaints: • Loss of conservation areas: The main concern is that the flexibilization of land use, under the decree, results in the reduction of protected areas, which could have serious consequences for the local flora, fauna, and ecosystems. • Environmental impact: It is feared that construction in conservation areas could generate negative impacts on the environment, such as pollution, deforestation, and habitat fragmentation. • Transparency and citizen participation: It has been pointed out that the process for creating the decree might not have been sufficiently transparent and participatory, generating distrust among the population and environmental organizations. • Possible vested interests: It is speculated that some people or groups could be interested in the land-use changes to build real estate projects or projects of another nature, taking advantage of the flexibilization of the regulations.In summary, the complaints focus on the possibility that Decree 44448, by modifying land use, compromises the conservation established by Law 6758, generating negative environmental impacts and questioning the transparency of the process. The Bahía Papagayo Project encompasses 1,658 hectares in total. Of that area, a maximum of construction is allowed on 30. Currently, it is not specified what percentage of that 30% has been built, but the project focuses on low-density sustainable tourism development, respecting the environment and not including golf courses, according to El Observador CR. Construction is limited to 20 rooms per hectare and is not located in front of the beach, but behind national route 159, according to El Observador CR. The Bahía Papagayo Project, which encompasses 1,658 hectares, allows for a maximum construction of 30% of the total area. Currently, the percentage of that built area is not specified, but the project focuses on low-density sustainable tourism development, respecting the environment and without golf courses.Construction is limited to 20 rooms per hectare and is located behind Dirección14941 , not in front of the beach. The lack of information on the percentage of construction built, despite the regulations, could be interpreted as a possible violation of Article 30 of the Constitution, which guarantees access to public information. More detailed analysis: • Land use: The project limits construction to 30% of the total area, allocating the remaining 70% to green areas and conservation. • Density: A limit of 20 rooms per hectare is established, promoting low construction density. • Location: Construction is carried out behind Dirección14941 , avoiding the beachfront. • Transparency: The lack of information on the percentage of construction built, despite the existence of regulations, raises doubts about the project's transparency. • Possible violation of Article 30 of the Constitution: Article 30 of the Constitution guarantees access to public information, and the lack of data on the progress of construction could be seen as a restriction of this right. • Sustainable development: The project is promoted as a sustainable tourism development, with a focus on low density and respect for the natural environment.In summary, the Bahía Papagayo Project presents a tourism development model with certain limitations regarding construction and land use, but the lack of information on the progress of construction could generate concerns about transparency and compliance with environmental and constitutional regulations...".
Drafted by Judge Castillo Víquez; and,
Considerando:
ONLY.- On the sub lite. Having reviewed the filing writings of the appellant, it is inferred that there is an evident connection between the allegations raised here and the process processed in expediente No. 25-025228-0007-CO, where the resolution of course is already being notified. Consequently, in order to avoid contradictory resolutions, it is ordered to accumulate this matter to the indicated expediente, where what is appropriate in law will be resolved.
Por tanto:
Accumulate the present amparo to the one being processed under expediente No. 25-025228-0007-CO.
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It is a faithful copy of the original - Taken from Nexus.PJ on: 08-05-2026 11:21:45.