Gestión de incumplimiento filed by Nombre75031, identification number CED40677, against the MUNICIPALITY OF PÉREZ ZELEDÓN.
Resultando:
- 1By resolution No. 2025017901 of 09:20 hours on June 13, 2025, this Chamber resolved as follows: “… The appeal is partially upheld, solely with regard to the right to a healthy and ecologically balanced environment. Nombre35101 and Nombre50702, in their respective capacities as mayor and president of the Council, both of the Municipality of Pérez Zeledón, or whoever occupies those positions in their stead, are ordered to coordinate what is necessary and carry out all actions within the scope of their powers so that, within a period of FIFTEEN DAYS from notification of this judgment, a) they proceed to execute all necessary measures to ensure effective compliance with the closure order (acta de clausura) and the seals placed on the infrastructure built in the protection zone (zona de protección) of the Barucito River and the Quebrada Sin Nombre, including periodic inspections, physical closure, visible signage, and effective site control, and b) they submit to this Chamber, within an additional period of no more than FIFTEEN DAYS, a detailed and documented report of the actions executed, with copies of the inspection proceedings, photographs of the site, administrative resolution adopted, and any follow-up measures.Likewise, Nombre47908, Nombre75032, and Nombre24581, in their respective capacities as interim executive director of the Sistema Nacional de Área de Conservación, regional director of the Área de Conservación la Amistad Pacífico, and acting director of the Dirección de Agua, all of the Ministry of Environment and Energy, or whoever occupies those positions in their stead, are ordered to, within a period of FIFTEEN DAYS from notification of this resolution, a) proceed to coordinate and execute the necessary actions to enforce administrative precautionary measure (medida cautelar) No. 0560 issued on October 22, 2024, adopting the technical and legal measures to guarantee the removal of platforms, ramps, or other illegal constructions within the protection zones of the Barucito River and the Quebrada Sin Nombre, and b) within an additional period of FIFTEEN DAYS, submit to this Chamber a detailed report of all actions taken, including a schedule of actions, technical resolutions, inspection reports, and measures executed or planned for the environmental recovery of the affected site, and c) establish a coordinated, inter-institutional mechanism for permanent oversight together with the Municipality of Nombre413 in the affected area, in order to prevent new constructions, occupations, or works within water protection zones without the proper permit.The foregoing is issued with the warning that, based on the provisions of Article 71 of the Ley de la Jurisdicción Constitucional, imprisonment of three months to two years, or a fine of twenty to sixty days, shall be imposed upon those who receive an order that they must comply with or enforce, issued in an amparo appeal, and fail to comply with it or enforce it, provided that the offense is not more severely punished. The State and the Municipality of Nombre413 are ordered to pay the costs, damages, and losses caused by the acts that serve as the basis for this declaration, which shall be determined in the execution of the judgment in administrative contentious proceedings. In all other respects, the appeal is dismissed.”.
- 2By a brief filed with this Chamber on July 30, 2025, the applicant alleges—as the active party—the following: “… Despite the representations set forth below, it is my interest to inform this Honorable Constitutional Court that the violating company FINCA LA FAMILIA SOCIEDAD ANÓNIMA, is not the holder of the Municipal licenses or the tourist declaration issued by the Instituto Costarricense de Turismo, but rather the company CATARATAS NAUYACA SOCIEDAD ANÓNIMA, whose representative is the same representative of the violating company, but the municipal permits are not the property of the violating company, hence it cannot come and allege that it lifted the questioned works to comply with Law 7600, as they are not the holders of the municipal permits to engage in commerce, nor the tourist declaration, the holder of which is the company CATARATAS NAUYACA SOCIEDAD ANÓNIMA, as I demonstrate with the documentary evidence attached.The violating company has no involvement whatsoever with the exercise of the commercial activity in which the company CATARATAS NAUYACA SOCIEDAD ANÓNIMA is engaged, as they are only linked by a gratuitous loan contract (contrato de comodato) signed between both companies in the year 2020, over the property belonging to the violating company where the works were erected outside the law; in fact, note that the very gratuitous loan contract also did not authorize the violating company to build the works erected outside the law, because according to the literal text of said contract, the violating company may only use the property and the access roads and is obliged to maintain it, but not to act against the law, violating environmental legislation. On the other hand, even if the Municipal permits to engage in commerce and the tourist declaration were in the hands of the violating company, which they are not, said permits would not authorize it to break the law either; this extreme is therefore clarified to the Honorable Constitutional Magistracy, as said company is trying to mislead the Honorable Composition of this Constitutional Court, and especially the Honorable Investigating Magistrate, trying to make them believe that they are the holders of the Municipal permits to engage in commerce, and thereby deceitfully allege that they are complying with the postulates of Law 7600, when in reality they are not linked to the commercial activity in which the company CATARATAS NAUYACA SOCIEDAD ANÓNIMA is engaged, and even if they were, such compliance is inapplicable to the present matter given the illegality of the works erected in the Protection Zone.CLARIFICATIONS REGARDING THE VIOLATING COMPANY'S REQUESTS. FIRST. In the request for clarification and addition promoted by the special judicial representative of the violator FINCA LA FAMILIA SOCIEDAD ANÓNIMA, the Honorable Constitutional Court is requested to clarify the determination, concrete and technical location of the constructions deemed illegal, as it starts from the assumption of a total or partial absence of construction permits for the works carried out, when, the truth is that Permit No. PDC-0531-2024-ACO existed, from the Municipality of Nombre413 dated June 10, 2024, valid until June 10, 2025. When resorting to this Honorable Constitutional Court, invasion of the River Protection Zone and Illegal Logging of Trees in said zone was presented and accused, an infringement upon the Constitutional Right to Live in a Healthy and Ecologically Balanced Environment, damage to the water resource, to other natural resources, and to biodiversity.It was presented and denounced with utmost clarity that the violator, taking advantage of the little oversight by the municipal entity over constructions carried out in its jurisdiction, unilaterally modified the construction permit granted by the Municipality of Nombre413 and invaded with its constructions the Protection Zone and cut down the trees located in the layout drawn to erect the cited works, which was obviously what they would do, since they had to open space for their constructions. To conclude otherwise would mean that the constructions would be erected wading around the trees or over them, which is the opposite of what the documentary, digital, and graphic evidence provided to the case file as incriminating evidence reflects. The Honorable Constitutional Chamber, in defense of the Constitutional right protected in Article 50 of the Constitution, clearly, transparently, and concretely ordered the officials of the Sistema Nacional de Áreas de Conservación and of the Dirección de Aguas to coordinate and execute the necessary actions to enforce the administrative precautionary measure No. 0560 issued on October 22, 2024, adopting the technical and legal measures to guarantee the removal of the platforms, ramps, or other illegal constructions within the protection zones of the Barucito River and the Quebrada Sin Nombre.The clarity of said order is manifest and evident, providing for the removal of the works located within the Protection Zone, that is, the removal of any and all works found within said zone. - In the opposite sense, it implies that the works outside the Protection Zone SHALL REMAIN, that is, they may not be removed. Now then, with regard to the determination of the Protection Zone, that corresponds to the officials of the Sistema Nacional de Áreas de Conservación and of the Dirección de Aguas at the time of executing what was ordered by this Honorable Court, who, through their technicians and/or professionals in the corresponding field, are those who will determine, demarcate, and separate the Protection Zone from the conventional zone not protected by Article 33 of the Ley Forestal. Therefore, there is nothing to clarify or add to the Constitutional ruling, as it is clear in this regard.As for the construction permit alleged to exist, I must state that no one has questioned the existence of the construction permit or its validity, despite its unilateral modification; in fact, not even this Constitutional Court has done so. What has been stated is that the violating company unilaterally modified the construction permit and invaded the River Protection Zone on the Barucito River and cut down a large number of trees to make room for its constructions, reminding you that even in the event that said Municipal permit had not reached and extended to the riverbank, it would have been null and void ab initio, as it is not the competence of the Municipalities of the respective canton to grant construction permits in River Protection Zones, which in any case were suspended by order of the Supreme Court. Thus, the Municipal construction permit was granted to build outside the River Protection Zone, which means that if the violating company decided on its own to modify said permit by invading the Protection Zone and cutting down trees in said zone, it assumed the risk that came with that decision, hence it cannot go around looking for culprits, for it will find itself.REGARDING THE METHODOLOGY that the authorities involved must allegedly use according to the violating company, I must state that this is a dilatory tactic, as we know that the Honorable Magistrates of the Constitutional Chamber are not experts in that matter, but interpreters of the Constitution and the laws, this being the competence of the authorities charged with protecting the environment, who are the ones obliged to comply with or enforce the Constitutional judgment, and it will be them, as those in charge of said proceedings, who must assign the professionals they deem suitable to demarcate the Protection Zone and remove the works located in said zone with the least possible impact on the environment. REGARDING POINT 1). As for the fact that the zone where the construction of the trails and observation platforms was intended does not meet the definition of forest established in the Ley Forestal 7575, Article 3, subsection d, because it is a forest plantation, this is a matter that has nothing to do with the object of the amparo before us, as it is assumed that the construction permit granted to the violator to build the cited trails was to build in an area outside or excluded from the River Protection Zone, and the amparo action before us is intimately related to the violation of Article 50 of the Constitution, for infringement of the right to live in a healthy and ecologically balanced environment, in addition to damaging or threatening to damage the water resource and biodiversity.In addition to the above, it is assumed that the construction permit was granted to build outside the Protection Zone, and therefore the supposed inspection carried out prior to granting the cited construction permit must have been carried out in said zone and not in the Protection Zone, as carrying out the inspection in the Protection Zone would lead nowhere, since no permit to build in said zone could be granted. REGARDING POINT 2.- It is true that the trails and observation platforms were planned to be built outside the Protection Zone, but inexplicably the violator left said zone and invaded the Protection Zone, which is a non-controversial fact, as the incriminating evidence so reflects; it is only the violator who denies this extreme despite the abundant documentary evidence in the case file, namely, the reports rendered by the respondent authorities. The opinions issued by the Dirección de Aguas and the Sistema Nacional de Áreas de Conservación could have opined what the violator argues at this point in its request, but the truth is that the applicant deviated from the scheme and invaded the Protection Zone and built in said zone.In addition to the above, and now to elaborate on the alleged infractions, let the Honorable Constitutional Magistracy assess that the Municipal construction permit was granted to build trails and observation platforms, obviously outside the Protection Zone, but the violator not only invaded the Protection Zone, but also built differently than authorized, erecting the enormous bridges, metal and concrete platforms, and the premises adjacent to the riverbed that resembles a restaurant. This is another unequivocal sign demonstrating that the violating company did not adhere to the guidelines of the construction permit, just as it did not adhere to or respect the precautionary measure ordered by the officials of the Municipality and MINAE, issued and personally notified to the representative of the violating company at the time the on-site inspection was carried out on October 22, 2024, in addition to the fact that after said date, the violator violated the seals and continued building until its completion and putting into use, which also implies the commission of 2 new offenses in material concurrence (concurso material), to complete the commission of 4 criminal offenses.As can be seen, in addition to the administrative violations materialized by unilaterally modifying the construction permit, considerable damage to the environment occurred. This is another sign that the violator never intended to submit to the legal system, as it continued committing offenses by violating the seals and ignoring the cease and desist orders issued by the administrative officials. As derived from the facts and the evidence provided in the case file, which is more than abundant, it seems that the violator seeks to be exempted from the sanctions resulting from the reported violations, despite the gravity of the violations and offenses. The first offenses were committed by invading the Protection Zone and cutting down trees in said zone on the occasion of an administrative violation, such as the unilateral modification of the Municipal construction permit, and the subsequent offenses, committed by violating the seals placed by the administrative authorities and disobeying the orders to refrain from continuing with the construction of the denounced works.Said criminal and administrative violations, in addition to demonstrating the criminal responsibility of the violator’s representative, demonstrate clear contempt for the legal system and disdain toward all the inhabitants of the country, because with the violations presented before this Constitutional Court, it is shown that the violator seeks to make the right to live in a healthy and ecologically balanced environment unattainable for all inhabitants of the country, as well as to make access to the water resource unattainable for us, which is being seriously threatened by the construction activities of the respondent company. REGARDING POINT 3.- The violator seeks to have clarified who must cover the economic costs derived from the removal of the works. It is known, and is the general rule, that those who violate the law in matters of the environment and natural resources are those who must cover said costs, for being those who caused the damages; however, the Chamber was silent on this point, but was clear that said proceedings correspond to the Dirección de Aguas and the Sistema Nacional de Áreas de Conservación, hence it will be those officials who, after executing the work removal proceedings, must determine whether they cover those costs, or conversely, pass them on to the violator, as after all it was the violating company that broke the law with its constructions.In the opinion of this representation, there is nothing unclear about this aspect and therefore nothing to clarify or add. REGARDING POINT 4.- The active party continues with its persistent requests for clarification and addition, as in the "Por tanto" of the ruling issued, this Honorable Chamber clearly ordered that the proceedings for the removal or withdrawal of the works erected outside the law fell under the responsibility of Nombre47908, Nombre75032, and Nombre24581, in their respective capacities as interim executive director of the Sistema Nacional de Área de Conservación, regional director of the Área de Conservación la Amistad Pacífico, and acting director of the Dirección de Agua, all of the Ministry of Environment and Energy, or whoever occupies those positions in their stead. There is nothing unclear in this extreme and therefore nothing to clarify or add. REGARDING POINT 5.- The special judicial representative of the violating company errs, as he attempts to introduce the subject of Law 7600 to the present matter, that is, he attempts to introduce a legality issue into a situation vitiated by nullity, constituting offenses, and where significant constitutional rights and guarantees of the population were violated.In other words, the violator seeks to profit from its own fraud. The provisions of Law 7600, while mandatory for natural and legal persons engaged in commerce, apply only to those commercial activities established in accordance with the law, and not to illegal operations. The special judicial representative pretends with his feigned naivety to make the Honorable Magistracy believe that they must comply with the provisions of Law 7600, when in reality they are not in possession of any commercial license that empowers or authorizes them to engage in commerce. In the present matter, it is evidently clear and notorious that the violator made an abusive use of the law by invading the Protection Zone and cutting down the trees present in said zone on the occasion of the Municipal construction permit, and simultaneously placed the water resource at a detriment, only to now come and allege observance of the rights of persons with disabilities, when during the process of obtaining the Municipal construction permit, it never alleged or alluded to said population, as its representative focused on obtaining said permit because he already planned to invade the Protection Zone using the cited construction permit as an instrument, since with said permit in his hands, he calculated that he would camouflage it to make neighbors and competition believe that he had fully complied with the legal requirements to be worthy of the cited permit.Furthermore, note that the construction permit was granted to build trails and platforms, but always outside the Protection Zone, to execute a work partially or radically modifying the respective approved project, and Article 88 of that same Body of Law establishes as a possible sanction for violating construction regulations: fines, closures, eviction, and the destruction of the works, etc. It is true that the same law empowers the permit holder to correct construction deficiencies, but in accordance with the facts set forth and proven in the amparo action at hand, it is not possible to correct the accused violations, because it is impossible to obtain a permit to maintain the works built in the Protection Zone, the only way being through the removal of all the infrastructure erected in said zone, in which case it would no longer be correcting or remedying an error or defect, but eliminating the generating cause of the damages and losses caused, which, by the way, could only be achieved by removing the works erected illegally.As a corollary to the foregoing, the applicant’s construction permit will remain in effect until the respondent Municipality decides, but said construction permit cannot serve as a protective veil to maintain the works erected in the Protection Zone, nor can the construction permit be disguised to give it an air of legality. On the other hand, the applicant alleges that the construction permit was granted under the protection of Article 33 BIS of the Ley Forestal, but forgets that as of the year 2024, when it processed its construction permit, said permits were suspended by express order of this Supreme Court, a situation that was referred to the violator when it requested the Municipal construction permit. The Constitutional suspension of the effects of Articles 33 BIS and 33 TER of the Ley Forestal operated automatically, and therefore the issuance of said permits was suspended until the Chamber ruled in judgment.In addition, from reading the aforementioned articles, it can be derived that the competence to grant permits to build in the Protection Zone had fallen to the Dirección de Aguas, but due to the Constitutional suspension, the Dirección de Aguas itself was prevented from granting said permits. It must not be overlooked that the applicant began its works in June 2024, and the suspension of the effects of Articles 33 BIS and 33 TER dates from February 2023, which means that the violator erected its works after the suspension of the effects of the aforementioned articles, and therefore with knowledge of the existence of said prohibition. Here, the violator forgets that the Honorable Constitutional Chamber ordered that the final act not be issued in matters such as the one before us, which implied that even if the interested party had submitted the application to obtain the construction permit, the Dirección de Aguas could not issue the final act, that is, it could not grant the construction permit; in any case, what the violator demonstrated is that it is in possession of a Municipal construction permit to build in an area outside the Protection Zones, and not one issued by the Dirección de Aguas, as granting it was impossible due to the Constitutional suspension dated from February 2023.Regarding the environmental damage that the violator labels as having minimal impact, I must point out that any damage, no matter how minimal, inflicted in Protection Zones, will always be serious, because the special mission of the trees located in said zones is to protect the water resource, which is a source of life, according to reiterated pronouncements of this Honorable Constitutional Court. In addition to the above, the construction of metal and cement works is not friendly to the environment, nor to natural resources, nor to biodiversity, and therefore they cannot remain in said zone, in addition to the large amounts of garbage left by visitors in the forest or next to the riverbed, which becomes another polluting factor that the law cannot foster. The violator could have perfectly built trails on the ground, just as the Municipal construction permit established, trails one meter wide, as is customary in the field and as the cantonal Municipality authorized, which would be works friendly to the environment and, above all, would not violate environmental legislation; but as we see, it chose to act against the law, and most seriously, against what was ordered by this Honorable Constitutional Court in defense of the right of the Constitution and the provisions of the various International Treaties ratified by Costa Rica.Regarding the argument that the works were built up to an area near the riverbed, this is a fallacy, as the works reached the river, just as I demonstrated with the documentary and digital evidence provided to the case file. In addition to the above, it is not true that the SINAC officials have interpreted that the cited works faithfully comply with Law 7600, as in application of the principle of competences, it is not SINAC’s responsibility to get involved in matters related to Law 7600, as this is the absolute purview of the Ministry of Health, just as it does not correspond to said entity to get involved in construction permit matters, as the law placed that in the hands of the Dirección de Aguas, an entity that also could not get involved, given the suspension of permits by Constitutional mandate. The violator insists that the works were erected under the protection of a construction permit and technical criteria, but to date it has not demonstrated the existence of that construction permit issued by the Dirección de Aguas to build in the Protection Zone, nor of the alleged technical criteria, these being only empty, hollow words without any factual basis, as they do not exist; in fact, without needing to request such a permit and the alleged technical criteria, we know they do not exist, because the permits were automatically suspended by order of the Supreme Court as of February 2023, and the technical criteria do not exist, as there was never any regulation from the Dirección de Aguas, and even if they had existed, they are not applicable due to the Constitutional suspension mentioned above.There is no so-called formal administrative cover, as argued by the special judicial representative of the violator, because the Municipal construction permit was to build in an area outside the Protection Zone; hence any work built in the cited Protection Zone must be removed, as it enjoys no legal, let alone Constitutional, protection. REGARDING THE CLARIFICATION THAT THE APPLICANT REQUESTS FROM THE HONORABLE CONSTITUTIONAL CHAMBER WITH RESPECT TO THE CONSTRUCTION PERMIT. As stated above, the violating company’s construction permit remains in effect until the Municipality decides what to do with it, but said permit, as demonstrated, was to build in an area excluded from the River Protection Zone, because the Municipality did not and does not have the competence to grant permits to build in said zone; in fact, after the suspension decreed by this Honorable Constitutional Court as of February 2023, no institution was enabled or authorized to grant permits to build in said zone, so there is nothing to clarify regarding the cited permit.REGARDING THE LACK OF DETERMINATION AS TO WHAT SHOULD BE UNDERSTOOD AS ILLEGAL CONSTRUCTIONS. The Honorable Constitutional Chamber was clear regarding the works that must be removed, ordering the removal of works erected in the Protection Zone, that is, within the 50 meters from the riverbed; it is not the Constitutional Chamber's responsibility to demarcate said zone, as this is the competence of the respondent authorities commissioned for this purpose, namely, the offices of the Sistema Nacional de Áreas de Conservación and the Dirección de Aguas, with the heads of said offices, through their experts, be they professionals in engineering, geology, surveyors, or technical personnel, being the ones who must delimit said zone and proceed to remove all works found within the 50 meters. REGARDING THE ASSIGNMENT OF RESPONSIBILITIES AND COSTS FOR THE ORDERED REMOVAL. This has already been addressed, but I reiterate the same: the responsibility to remove the works erected outside the law and within the 50 meters of protection fell upon officials Nombre47908, Nombre75032, and Nombre24581, in their respective capacities as interim executive director of the Sistema Nacional de Área de Conservación, regional director of the Área de Conservación la Amistad Pacífico, and acting director
of the Water Directorate, all of the Ministry of Environment and Energy, or whoever occupies those positions in their stead, while the Municipality of Pérez Zeledón was assigned the obligation to execute all necessary measures to ensure effective compliance with the closure order and the seals placed on the infrastructure built in the protection zone of the Barucito River and the Sin Nombre stream, including periodic inspections, physical closure, visible signage, and effective control of the site. The foregoing shall be executed by said institutions in accordance with their own legislation and the personnel under their charge. Regarding who must assume the costs, each respondent public agency shall do so with its own funds, without prejudice to the fact that, in accordance with its own legislation and internal regulations, it may charge said expenditures to the offending company, which is appropriate, since they built in the Protection Zone of their own volition and with knowledge that what they were doing was unlawful.
REGARDING THE SCOPE OF LAW 7600. As already noted, the offender cannot make abusive use of the right, nor can it perform acts under the protection of a law, pursuing a result prohibited by the legal system. Thus, under the protection of Law 7600, the offender cannot pursue a result prohibited by the legal system, such as invading a Protection Zone and building there with significant damages to the environment, natural resources, and biodiversity, only to later, when sued in the Constitutional Court, come and allege that it built for altruistic reasons. The foregoing implies that the offender cannot dismantle the constitutional right to live in a healthy and ecologically balanced environment, to enjoy and preserve water resources and biodiversity, using Law 7600 as a screen or legal shield, since the application of said law has another connotation. Said law and its application are designed for businesses or commercial activities born under the protection of applicable legislation, that is, the business must originate in accordance with the legal system for other norms of the legal system to be possibly applicable; to seek the application of the provisions of Law 7600 to a company that does not have Municipal licenses to engage in commerce nor engages in commerce, and after committing several crimes in material concurrence and in open contravention of the Constitutional rights of the population, is to strike a low blow to the principles of legality and legal certainty, whose core axis and essential nucleus provide that only those works authorized by the legal system can be executed, and the assurance that laws will be applied as they are written, that is, if the law prohibits invading Protection Zones and felling trees in said zone, the violation of said principles cannot generate any benefit or legal protection for the offending company.
REGARDING THE PROPORTIONALITY OF THE REMOVAL OF THE WORKS. According to the offender through its special judicial representative, greater damage would be caused to the environment in the process of removing the illegal works than would be caused if the permanence of the works were authorized. Logic and common sense dictate that, even if damage is caused to the environment in the process of removing the works erected outside the law, nature itself would recover on its own in the short and medium term, but the permanence of the works would only increase the damage to the environment, doubling said damages. Note, for example, that the mere entry of 20 people per day to the site implies that 20 people would be relieving themselves in the forest or in the river, 20 people would be bringing their trash to the river, and several of those people would leave it on the riverbank, besides the fact that many of them bring their pets, many of which would relieve themselves on the riverbank.
It seems that the special judicial representative of the offender has not seen the panorama on the country's beaches and rivers after the year-end and Easter vacations, because, although many people have become aware regarding environmental protection, as of today the majority of us Costa Ricans continue to pollute our beaches and rivers with trash. In any case, the core point of this matter is that those constructions should never have been erected in the Protection Zone, and that fact alone mandates their removal. Furthermore, it will be the officials charged with protecting the environment, natural resources, and biodiversity who will adopt the measures they deem appropriate to cause the most minimal impact to the environment when removing the works, as those are their obligations and for which they were commissioned by the Constitutional Court; in fact, in the same Constitutional ruling, the Honorable Chamber adopted precautionary measures to generate the most minimal impact or damage to the environment, by ordering said officials to submit a detailed report of all actions taken, including a schedule of actions, technical resolutions, inspection reports, and measures executed or planned for the environmental recovery of the affected site, and c) Establish a coordinated and inter-institutional permanent oversight mechanism together with the Municipality of Nombre413 in the affected area, in order to prevent new constructions, occupations, or works within water protection zones without the proper permit.
As can be seen, the Constitutional Chamber adopted the fair and necessary measures to protect the environment, natural resources, and biodiversity; in any case, the invaded zone will recover over time once all the infrastructure built outside the law by the offending company is removed, whereas if it is not removed, the environmental damage will be greater due to the influx of visitors, their waste, and the mere permanence of the tons of metal and the felling of the trees that were located in the zone where the cited works were erected, besides the fact that by the mere existence of the cited works, the forest will not regenerate in said zone, and the offender will not allow it either even if nature itself tries, as it will eliminate it to prevent it from growing as forest around the cited works. I hereby formulate these statements, requesting the Honorable Constitutional Chamber of the Supreme Court of Justice to assess them when resolving the request for clarification and addition made by the special judicial representative of the offender, declaring it without merit, since the Constitutional ruling is extremely clear and does not possess any obscure or ambiguous nuance; note, in fact, that it leaves the removal of the works in the hands of the MINAE offices, and it will be said Institution, according to its own internal legislation, that decides whether to charge the costs to the offending company, or decide to cover them themselves; in fact, note likewise that the offender was not ordered to pay personal and procedural costs nor to pay the damages and losses caused, so considering that no burden was imposed on said company, it should not formulate any claim, as the removal of the works is a consequence of the reported infractions.
EVIDENCE OFFERED. I am providing copies of the documentation in my possession reflecting that the holder of the permits to engage in commerce is the company CATARATAS NAUYACA SOCIEDAD ANÓNIMA and not the offending company FINCA LA FAMILIA SOCIEDAD ANÓNIMA. Likewise, I am providing a copy of the commodatum contract signed between the offending company and the company holding the Municipal licenses to engage in commerce, a contract through which the offending company leased its property to the company CATARATAS NAUYACA SOCIEDAD ANÓNIMA. Also, I provide a copy of the tourism declaration of the company holding the Municipal licenses for the exercise of commerce, CATARATAS NAUYACA SOCIEDAD ANÓNIMA, reaffirming that the holder of all permits for the exercise of commerce is not the offending company, and therefore it cannot shield itself behind alleged compliance with Law 7600, since it has no connection with the exercise of a commercial activity in the canton of Pérez Zeledón, nor with the requisite licenses for the exercise of a commercial activity.".
- 3By resolution at 14:32 hours on August 6, 2025, this Chamber resolved the following: "... In the amparo proceeding being processed under case file number 24-027574- 0007-CO, filed by Nombre75031, identity card CED40677, against the MUNICIPALITY OF Nombre413 AND THE MINISTRY OF ENVIRONMENT AND ENERGY, the petitioner submits a document contained in the electronic case file, in which disobedience to what was ordered by this Chamber in resolution No. 2025017901 at 09:20 hours on June 13, 2025, is alleged ...". "... Therefore, a hearing is granted for THREE DAYS counted from the notification of this resolution to Nombre35101 and Nombre50702, in their capacity as mayor and council president, respectively, both of the Municipality of Pérez Zeledón; and to Nombre47908, Nombre75032 and Nombre24581, in their capacity as acting executive director of the National System of Conservation Areas, regional director of the La Amistad Pacífico Conservation Area, and acting director of the Water Directorate, respectively, all of the Ministry of Environment and Energy, or whoever exercises those positions in their stead, so that they may refer to and provide the corresponding evidence regarding the attributed actions and omissions."
- 4Through a document received by this Court on August 1, 2025, Nombre75033, in their capacity as special judicial representative of Nombre75034, in their capacity as unlimited general attorney-in-fact of FINCA LA FAMILIA SOCIEDAD ANÓNIMA, states the following: "... I.- It powerfully draws attention that we have not been notified of the last two resolutions, namely: those at nine hours twenty minutes on July eighth, two thousand twenty-five, and at fifteen hours twenty-nine minutes on July thirtieth, two thousand twenty-five, particularly the one of July 8, 2025, given that it is the response to a request promoted by this representation, i.e., the request for Clarification and Addition. II.- However, today a series of public officials appeared at the site, whose actions obey actions promoted by the petitioner, namely Mr. Nombre75031, who has indeed been timely notified of said resolutions issued by this Chamber.III.- This situation represents a clear discrimination and contradiction with the principles of due process that this same Chamber has upheld in its pronouncements, as it is not understood how, for unexplained reasons, our representation has not been notified of procedural decisions that, by their nature, should have been made known to all parties, particularly the resolutions at nine hours twenty minutes on July eighth, two thousand twenty-five, and at fifteen hours twenty-nine minutes on July thirtieth, two thousand twenty-five. The lack of notification is evident from the case file itself (images are incorporated) ...". "... IV.- Added to this is an irregularity already previously noted, indicated to this Chamber on May 7, 2025, through the document at 14:55:58 related to the delivery of a compact disc and a USB drive, both completely blank. VI.- Such circumstances warrant a formal explanation by the competent authority, especially if the intention, going forward, is to keep us unaware of what is happening in the case file.VII.- As a direct consequence of this omission of notification, our representation has carried out administrative procedures before entities such as SINAC and the respective Municipality, acting under the assumption—now known to be false—that the request for clarification and addition submitted had not yet been resolved. This has generated evident prejudice, as said procedures were based on a factual-legal framework that was no longer valid or applicable in light of what was resolved by this Chamber. VIII.- It powerfully draws attention that, of all the parties involved, the only one that was notified of the procedures promoted by this representation was precisely the petitioner of this amparo. From this situation, it is inevitable to question a procedural behavior that leaves much to be desired, as only Mr. Nombre75035 has been notified, who, taking advantage of the ignorance in which this representation is kept, acts in bad faith by requesting measures as if a situation of disobedience existed.IX.- Keeping one of the parties in ignorance regarding what was resolved, while notifying only the counterparty, who then uses that information to provoke administrative actions to the detriment of the one who is unaware of the facts, constitutes a serious affront to the principle of procedural equality and contradiction. X.- Therefore, we request: 1. That we be provided a clear and documented explanation regarding the lack of notification of the resolutions at nine hours twenty minutes on July eighth, two thousand twenty-five, and at fifteen hours twenty-nine minutes on July thirtieth, two thousand twenty-five. 2. That the necessary measures be adopted to guarantee that, from now on, this party be duly notified of any action issued within this case file."
- 5Nombre75036 and Nombre50702 report, in their capacity as mayor and president of the Municipal Council, respectively, both of the Municipality of Pérez Zeledón, who state the following: "... First: It is rejected as false and inaccurate. It should be noted that the petitioner here is incorrect that this Municipality has failed to comply with what was resolved by the Constitutional Chamber in resolution number 2025017901, since in an initial action by this Local Government, it was reported to the Constitutional Chamber that, on Wednesday, July 2 of this year, a site visit was conducted, through municipal officials Nombre75037, Acting Coordinator of the Territorial Planning Process of this Municipality, municipal attorneys Nombre75038 and Nombre75039, both from the Legal Advisory Office of this Municipality, and municipal works engineer Nombre75040; where, in the first instance, Mr. Nombre75034, legal representative of Finca La Familia S.A., was personally notified of administrative resolution number RES-210-25-ACO, issued by Nombre75041, Acting Coordinator of the Construction Control Activity of this Municipality, an administrative act by which the demolition of the works built in the protection zone was ordered, all of which is recorded in administrative case file number DEN-052-24-ACO.In addition to this, for the purpose of providing exhaustive follow-up for compliance with what was resolved in the specific case, it is necessary to report that officials from this Municipality, SINAC, and Fuerza Pública, on August 1, 2025, proceeded to carry out an inspection on the property Dirección4455, registered to Finca la Familia S.A. From this inspection, Report-0006-25-PTE-AMZ was issued, which broadly and detailedly describes everything that occurred at the site. Thus, on the site where the works that invade the protection area of the Barucito River are located, a detailed inspection of all structures was carried out; it was observed that the closures made in July 2025 have been respected, although they showed deterioration due to weather exposure. In addition, after inspecting everything, a decision was made to make closures at additional points to ensure that the structure that invades the protection areas of water bodies are effectively disabled.Having duly determined the points at which the protection area was invaded, the closures detailed in Report-0006-25-PTE-AMZ were carried out, and this report includes the aforementioned report, as well as document number OFI-0276-25-PTE, signed by Mr. Nombre75037 in his capacity as Acting Coordinator of the Territorial Planning Process of this Municipality. Within that office, a detailed report of the actions executed during the field visit is provided, with the relevant photographic sequence evidencing the closure of the ramps that invade the protection area of the Barucito River, preventing their access, photographs that are recorded in the report according to the sketch and survey carried out at the site."
- 6Nombre72803 reports, in my capacity as Director of Water of the Ministry of Environment and Energy, who states the following: "... On July 31, 2023, a resolution from this court issued at fifteen hours twenty-nine minutes on July thirtieth, two thousand twenty-five was received, alleging disobedience of the previous order. In this regard, we must point out that, as this Court had been informed through official letter DA-1385-2025, all possible efforts have been made to coordinate and comply with what was ordered by this Court. However, to date, a series of inconveniences have arisen that are beyond the scope of our competencies, namely: On July 9, 2025, officials from SINAC and this Directorate appeared with the purpose of carrying out the topographic survey of the protection area of the water bodies affected by the infrastructure already known to the Honorable Constitutional Chamber and subject of case file 24-027574-0007-CO, where the legal representative of the company Finca la Familia S.A. did not allow the officials access, with evidence of this act recorded in ocular inspection report No. 2028; this was reported through official letter DA-UHTPSOZ-1023-2025, which is attached.Based on the foregoing, the rescheduling is pending according to the availability of the SINAC topographer tasked with carrying out said topographic survey. On 07/16/25, a new meeting was held with SINAC and the Municipality of Nombre413 to define the strategy for addressing the case, where it was determined to conduct a new joint visit on August 4 of this current year to determine compliance with the administrative orders imposed on Finca La Familia S.A. (attendance sheet attached). - On July 18, 2025, follow-up was carried out on the administrative measure ordered by this Directorate, where the removal of the intake point and transfer infrastructure for the waters coming from the unnamed spring (naciente) was confirmed, an extraction that did not have the required legal permits; report DAUHTPSOZ-1088-2025 is attached. In an email received from the municipality on July 31 of this current year, it was requested to move the field visit from August 4 to August 5 of this current year, which has been scheduled by this Directorate.On the other hand, as indicated in official letter DA-UHTPSOZ-1023-2025 of July 16, 2025, an attempt was made to visit the site; however, there was an absolute refusal by the legal representative of the owner to allow entry to the property, as verified in the attached documents, both the official letter and the respective ocular inspection report. It is expected to be able to enter the site again tomorrow (August 5, 2025) in order to corroborate the progress, or lack thereof, of the removal of the works installed in the area. According to the cited documents, it can be verified that at no time has there been disobedience to the order issued by the Constitutional Chamber; however, there has been an impediment to entry to the site by the legal representative of the company owning the property."
- 7Nombre47908 reports, in their capacity as Acting Executive Director of the National System of Conservation Areas (SINAC), who states the following: "... It is important to inform this Honorable Constitutional Chamber that the order in ruling No. 2025017901 at 09:20 hours on June 13, 2025 is being complied with, through official letters CARTA-SINAC-ACLAP-DR-0355-2025, CARTA-SINAC-ACLAP-DR-0397-2025, informing this Chamber of actions taken to address what was established in the ruling. Official letters recorded in the judicial case file pages 4 and 5. Due to the foregoing, this Executive Directorate, in order to comply with the order in ruling No. 2025017901 at 09:20 hours on June 13, 2025, proceeds to request from the La Amistad Pacífico Conservation Area a detailed report of the actions being carried out. In accordance with the foregoing, through official letter CARTA-SINAC-ACLAP-DR-GMRN-0041-2025 dated August 4, 2025, signed by Mr.Nombre75042, Manager, Natural Resources Management Office, the requested information is provided, stating the following: 'That through official letter CARTA-SINAC-ACLAP-DR-0355-2025 dated July 9, 2025, the Compliance Report for Resolution No. 2025017901 within Case File No. 24-027574-0007-CO was forwarded to this Honorable Chamber. A transfer in which an express request is made to the Justices to consider what is stated in the eighth point of report SINAC-ACLA-P-DR-GMRN-SRPZ-INF-0168-2025, of July 9, 2025, prepared by Eng. Nombre75043, Acting Head of the Subregional Office of Nombre413, that “given the complexity of the works, it is requested that we be allowed, through the collaboration of the municipality of Nombre413, to carry out the demolition and removal of the works located within the protection area of the Barucito River and the Sin Nombre Stream,” and although to date no response has been received to this request, we are aware of our duty to comply with what was ordered, without violating the right to legal certainty of our represented party.The indicated officials did not appear with any official document accrediting their designation and explaining the technical and legal terms of the diligence to be executed. Our represented party has the fundamental right to know with precision the object, scope, and legal basis of any administrative action intended to be carried out on its premises, especially if it could imply material or legal consequences. We respectfully request that it be borne in mind that it is of the highest interest of our represented party to act in accordance with the law. It has never been its intention to obstruct the work of the authorities or deny its collaboration, but solely to ensure that any action is carried out within the corresponding legal framework, respecting due process. In the absence of a final and clear resolution by the Constitutional Chamber and of the proper documentation supporting the referred diligence, it is not possible to permit its execution.We thank you in advance for the attention you may give to this communication and remain at your disposal. That this obstruction or impediment to the ACLAP officials being able to enter the site “Cataratas Nauyaca” to execute the necessary measures and enforce administrative precautionary measure No. 0560 issued on October 22, 2024, the refusal of Mr. Nombre75044 by not allowing entry to the property affects the process of obtaining accurate topographical information to guarantee the removal of platforms, ramps, and other illegal constructions within the protection areas of the Barucito River and the Sin Nombre stream. A situation that was duly communicated to this Honorable Chamber through official letter CARTA-SINAC-ACLAP-DR-0397-2025 dated July 29, 2025, which also attaches a letter from official Nombre49663, SINAC-ACLAP-DR-GMRN-SRPZ-INF-0170- 2025 where they state the following: Dear Sir: As was being planned, on Wednesday, July 9, a visit was conducted by myself accompanied by officials Nombre75045 (topographer ACLAP-SINAC) and Nombre75046 (Water Directorate), to the site known as Cataratas Nauyaca, whose offices are located in Platanillo, Barú, Pérez Zeledón, San José.Upon arriving at said offices to request passage through the gates to access the property, we introduced ourselves properly and stated the reason for the visit, the more precise measurement of the protection area by the topographer accompanied by the official from the Water Directorate, as part of the actions ordered by the Fourth Chamber. The response from Nombre75044 was a refusal, alleging that they are being harassed due to the number of visits in recent weeks, in addition to expressing that we have no written order assigning or ordering us to do the work we intend to perform. Subsequently, he called their representing lawyer on the phone and they asked for our details to send an email indicating the reasons for not allowing us entry, then we left the site. Due to the high-profile nature of the process and the conflict that exists between this and the other property that borders the waterfalls through which access could be gained, I decided not to enter and report the obstruction of our work in order to proceed transparently without exerting greater pressure on those involved.At 14:50 hours on July 9, Mr. Nombre75047 sent an email regarding the visit made to Finca La Familia S.A., indicating, from his perspective, the two reasons why our entry was prevented: 1. “The request for Clarification and Addition filed before the Constitutional Chamber, the filing of which was timely reported via the preceding email, has not yet been resolved. It is important to highlight the significance of this request, given that the order contained in the judicial resolution does not clearly specify the structures to be removed, nor does it establish the measurement methodology or the entity responsible for executing it. This lack of legal certainty prevents proper compliance with the order, without violating the right to legal certainty of our represented party. 2. The indicated officials did not present any official document accrediting their designation and explaining the technical and legal terms of the diligence to be executed.Our represented party has the fundamental right to know with precision the object, scope, and legal basis of any administrative action intended to be carried out on its premises, especially if it could imply material or legal consequences.” The complete email is attached to this report in PDF format. That as a result of the cited obstruction or impediment preventing ACLAP officials from entering the site “Cataratas Nauyaca”, official Nombre75048 of the SINAC Subregional Office Nombre413 requested functional direction from the Adjacent Prosecutor's Office of Nombre413, specifically from Licensed Attorney Nombre75049, regarding the situation that occurred on July 9, 2025, during the visit to Cataratas Nauyaca (Finca La Familia); they are explained in detail about the refusal of the representative of Finca La Familia S.A. to allow entry to the property as part of the follow-up to what was ordered by the Constitutional Chamber; who “stated having consulted the Probity Prosecutor's Office, where they resolved that if the person who prevented entry is under a direct order in the Constitutional Chamber's ruling, Law 7135 must be applied in its Article 71 and the Criminal Code in its Article 314 for disobedience; however, if they are not under the direct order of the Chamber, the Constitutional Chamber must be informed and asked to clarify what corresponds in a case such as the one that occurred on July 9.” A situation that was duly communicated to this Honorable Chamber through official letter CARTA-SINAC-ACLAP-DR-0397-2025 dated July 29, 2025.The preceding text is part of official letter CARTA-SINAC-ACLAP-DR-GMRN-SRPZ-0476-2025, a copy of which is attached. That in compliance with what was ordered by the Constitutional Chamber, and as communicated by the subregional office Nombre413 through document SINAC-ACLA-P-DR-GMRN-SRPZ-INF-0168- 2025, a document duly forwarded by the regional director of ACLAP, according to CARTA-SINAC-ACLAP-DR-0355-2025, to the Constitutional Chamber, SINAC-ACLAP committed to conducting weekly follow-up visits concerning what was ordered, which is evidenced by the inspection and follow-up visits carried out according to the following detail: (a table with information is inserted) ...". "... Apart from the joint efforts at the operational level that have been coordinated and developed in the field, coordination meetings have also been held with the participation of SINAC, the MINAE Water Directorate, and the Municipality of Pérez Zeledón, according to the following detail: (a table with information is inserted) ..."."... Subsequent to these inter-institutional coordinations with the Municipality of Pérez Zeledón, the latter communicated the technical requirements necessary to carry out the demolition of the works located within the protection areas of the Barucito River and the unnamed stream, for which, given the complexity of carrying out this process, the Local Government raises the need to contract out the execution of said demolitions.
As part of the joint actions with the Municipality of Nombre413, a field inspection was carried out on August 1, 2025, with the objective of complying with what was indicated in said resolution, and official letter SINAC-ACLAP-DR-GMRN-SRPZ-INF-183-2025 was issued, which states the following:
- 1)Mr. Nombre75044, legal representative of Finca la Familia S.A., again initially refused to allow the free entry onto the property to officials from the Municipality, SINAC, and the Public Force, his consent being subsequently obtained; however, once inside the property, Mr. Nombre75050 flatly denied said officials exit through his property, forcing them to leave via a road in poor condition, endangering the vehicles used in the proceeding and the physical integrity of the officials involved.
- 2)As recorded in the following photographs, the disabling of the platforms (plataformas) was reinforced by placing chains and closure tape at different points thereof, including their accesses, as shown in the following photograph (photographs are incorporated) ...”. “…
- 3)Seizure was carried out via official act no. 1938 of equipment and tools that, at the time of the proceeding, were being used for work within the protection areas identified by the competent entity. It is important to highlight that the Constitutional Chamber (Sala Constitucional) was informed, via official letter SINAC-ACLAP-DR-GMRN-SRPZ-INF-168-2025, transmitted through official letter SINAC-ACLAP-D-355-2025, of the proposal for execution of what was ordered in Resolution No. 2025017901 in coordination with the Municipality of Nombre413, and to date no response has been received to what was requested. However, this Honorable Chamber is requested to indicate whether what was set out via official letter SINAC-ACLAP-DR-GMRN-SRPZ-INF-168-2025, transmitted through official letter SINAC-ACLAP-D-355-2025, is admissible, regarding the support the Municipality of Nombre413 can provide us for the demolition and removal of the infrastructures encroaching on the protection areas of the Barucito River and the unnamed stream (quebrada sin nombre), given that this is a task exceeding the capacities of SINAC-ACLAP, as it lacks the specialized personnel, financial resources, materials, and equipment to demolish such a complex work. It is important to mention that until a response is received from the Constitutional Chamber regarding the request, in the sense of consent to carry out the removal or demolition of the works through the Municipality of Pérez Zeledón, the requested execution activity schedule could be prepared, considering that the Municipality would carry it out by its own means or through an administrative procurement. It is necessary to mention that SINAC will continue to coordinate with the Municipality and carry out the follow-up activities already presented to the Constitutional Chamber at the indicated frequency in order to comply with what was ordered. Therefore, it is of vital importance that the Honorable Magistrates address the impediment to the entry of SINAC officials, executed by the legal representative of Finca La Familia S.A., in order to implement the necessary measures and enforce the interim measure (medida cautelar). Therefore, a firm commitment is demonstrated to complying with what was ordered by this honorable Constitutional Chamber through ruling Voto N°2025017901, executing weekly follow-up visits, effective inter-institutional coordination, and measures for the physical closure of the illegal structures. However, the process has been hampered by the systematic resistance of the legal representative of Finca La Familia S.A. To continue with the follow-up and coordination tasks necessary for full compliance with what was ordered, only the clarification and authorization requested from your honorable Chamber are required to proceed with the definitive demolition of the structures that encroach upon the water protection areas.”.
- 8Through a brief received at this Court on August 11, 2025, Nombre75033, in his capacity as special judicial representative (apoderado especial judicial) of Nombre75034, in his capacity as unlimited general representative (apoderado generalísimo sin límite de suma) of FINCA LA FAMILIA SOCIEDAD ANÓNIMA, states the following: “… I hereby take the liberty of requesting the possibility of holding a meeting on Thursday of next week or, failing that, on the 20th, 21st, or 22nd of the following week, in order to consult with you on the reasons why my represented party, in its capacity as respondent company, was not notified of two resolutions issued by this Office, which, on the contrary, were duly communicated to the other parties. This omission has led said parties to make various accusations and requests for alleged non-compliance and disobedience to authority, when in reality what occurred is exclusively due to the lack of timely notification to my represented party.What is sought, rather, is certainty that henceforth this Chamber will notify us in a timely and proper manner of all relevant resolutions and proceedings. Likewise, given that this matter has escalated unnecessarily due to our lack of knowledge of several resolutions, we also request the opportunity to propose a practical solution: that my represented party be authorized to voluntarily remove the platforms, in accordance with a technical plan that supports our proposal and guarantees environmentally responsible management. This is pertinent, especially when neither the Municipality nor SINAC have to date presented a detailed execution plan for that purpose. 1. Resolution of 09:20 on July 8, 2025: This resolution —issued in response to the request for clarification and addition (solicitud de aclaración y adición) filed by this party— was not timely notified to this representation or to its principal.Consequently, the administered party lacked valid and formal knowledge of its content or of any executable effect derived from it. 2. Proceedings of July 9 and 16, 2025: Officials from SINAC, the Water Directorate (Dirección de Aguas), and the Municipality of Nombre413 appeared at the property without exhibiting any document or clearly identifying the purpose of their action. Given that no resolution had been notified up to that time, and faced with the absence of information or documentary support, my principal acted prudently and legitimately by restricting entry, safeguarding the principle of legality and the right to due process. 3. Resolution of 15:29 on July 30, 2025: Like the previous resolution, it was also not validly notified, nor is there electronic proof accrediting its communication prior to August 1. 4. Proceeding of Friday, August 1, 2025: Officials, accompanied by the public force, appeared without prior notice and verbally communicated that "the Chamber had decided since July 8", and immediately proceeded to order the eviction of the site within one hour, closing the access with chains and tapes.The foregoing implied the forced and unjustified expulsion of tourists and visitors who were at the location, causing reputational, logistical, and security impact. 5. That same day, this representation submitted a formal written protest against the execution without prior notification, placing on record the irregularity and the violation of due process. This action proved decisive, since had it not been filed, there is no certainty that notification would have been carried out subsequently. 6. Late notification on Monday, August 4, 2025 (see below and attached email): It was not until this date that this representation finally formally received —from the Constitutional Chamber— the notifications corresponding to the resolutions of July 8 and July 30, 2025. Regrettably, these communications arrived three days after a forced intervention had already been executed without prior knowledge or the opportunity for a response from this representation or the administered party. 7.Immediate reaction and collaborative willingness: Despite the foregoing, on that same August 1 —as soon as the decision was known verbally— my principal allowed entry, acquiescing to the proceedings, in an act of good faith and willingness to comply. This conduct refutes any interpretation of refusal or disobedience and reaffirms that the prior actions of July 9 and 16 were due to a non-attributable lack of knowledge, due to lack of valid notification and absence of documentation in situ. 8. Subsequent proceeding of August 5, 2025: Following up on that collaborative attitude, a new official visit by SINAC officials was authorized and accompanied, as recorded in the technical act raised. This fact confirms the permanent willingness for regulated compliance and respect for the institutions, once the acts were communicated in accordance with the legal framework. Yesterday afternoon, I appeared at the Chamber with the purpose of requesting this meeting, as well as speaking with the Secretariat; however, I was told I should return next Monday, the date on which it will resume in-person work. I remain attentive to the date and time most convenient for your schedule, not without first thanking you in advance for your kind attention to this communication …”.
- 9Through a brief received at this Court on August 11, 2025, Nombre75033, in his capacity as special judicial representative of Nombre75034, in his capacity as unlimited general representative of FINCA LA FAMILIA SOCIEDAD ANÓNIMA, adds the following: “… My represented party, in its capacity as respondent company, was not notified of two resolutions issued by this Office, which, on the contrary, were timely communicated to the other parties. This omission has led said parties to make various accusations and requests for alleged non-compliance and disobedience to authority, when in reality what occurred is exclusively due to the lack of timely notification to my represented party. What is sought, rather, is certainty that henceforth this Chamber will notify us in a timely and proper manner of all relevant resolutions and proceedings. Likewise, given that this matter has escalated unnecessarily due to our lack of knowledge of several resolutions, we also request the opportunity to propose a practical solution: that my represented party be authorized to voluntarily remove the platforms, in accordance with a technical plan that supports our proposal and guarantees environmentally responsible management.This is pertinent, especially when neither the Municipality nor SINAC have to date presented a detailed execution plan for that purpose. 1. Resolution of 09:20 on July 8, 2025: This resolution —issued in response to the request for clarification and addition filed by this party— was not timely notified to this representation or to its principal. Consequently, the administered party lacked valid and formal knowledge of its content or of any executable effect derived from it. 2. Proceedings of July 9 and 16, 2025: Officials from SINAC, the Water Directorate, and the Municipality of Nombre413 appeared at the property without exhibiting any document or clearly identifying the purpose of their action. Given that no resolution had been notified up to that time, and faced with the absence of information or documentary support 2, my principal acted prudently and legitimately by restricting entry, safeguarding the principle of legality and the right to due process. 3.Resolution of 15:29 on July 30, 2025: Like the previous resolution, it was also not validly notified, nor is there electronic proof accrediting its communication prior to August 1. 4. Proceeding of Friday, August 1, 2025: Officials, accompanied by the public force, appeared without prior notice and verbally communicated that "the Chamber had decided since July 8", and immediately proceeded to order the eviction of the site within one hour, closing the access with chains and tapes. The foregoing implied the forced and unjustified expulsion of tourists and visitors who were at the location, causing reputational, logistical, and security impact. 5. That same day, this representation submitted a formal written protest against the execution without prior notification, placing on record the irregularity and the violation of due process. This action proved decisive, since had it not been filed, there is no certainty that notification would have been carried out subsequently. 6.Late notification on Monday, August 4, 2025 (see below and attached email): It was not until this date that this representation finally formally received —from the Constitutional Chamber— the notifications corresponding to the resolutions of July 8 and July 30, 2025. Regrettably, these communications arrived three days after a forced intervention had already been executed without prior knowledge or the opportunity for a response from this representation or the administered party. 7. Immediate reaction and collaborative willingness: Despite the foregoing, on that same August 1 —as soon as the decision was known verbally— my principal allowed entry, acquiescing to the proceedings, in an act of good faith and willingness to comply. This conduct refutes any interpretation of refusal or disobedience and reaffirms that the prior actions of July 9 and 16 were due to a non-attributable lack of knowledge, due to lack of valid notification and absence of documentation in situ. 8.Subsequent proceeding of August 5, 2025: Following up on that collaborative attitude, a new official visit by SINAC officials was authorized and accompanied, as recorded in the technical act raised. This fact confirms the permanent willingness for regulated compliance and respect for the institutions, once the acts were communicated in accordance with the legal framework. The decisions adopted by my principal on July 9 and July 16 do not stem from disobedience but from a non-attributable ignorance of what was decided, due to lack of notification and the absence of documentary support exhibited in situ. Technical role of SINAC and omission of an environmental demolition plan SINAC, as the competent environmental entity, must technically specify how to execute the removal or demolition (reverse construction method, riverbank and watercourse protection, waste management, sediment control, visitor and personnel safety, schedule, supervision, and environmental closure).In the specific case, no detailed technical proposal guaranteeing the least possible impact accompanied the demolition requests. In fact, there is no mention of this aspect by any of the authorities involved. Furthermore, dealing with infrastructure linked to accesses/platforms in a protection zone —classifiable within the de facto assumption of low impact or intervention under Art. 33 bis of the Ley Forestal—, demolition without a prior technical plan contradicts the principles of prevention and least possible impact that govern environmental management. Today, the Municipality presented its second warning (prevención) to execute the demolition, without including technical guidelines indicating how to carry it out, not even under the assumption that it is my represented party who executes it, despite having the right to do so, always ensuring the least possible environmental impact. Voluntary execution by the administered party with a Technical-Environmental Plan and use of materials We request that the voluntary execution by my represented party of the removal of tiles and metal structures located within the protection zone be recognized and prioritized, subject to the approval and supervision of SINAC/Water Directorate, through a Technical-Environmental Plan (PTA) that contains, at a minimum: 1.Inventory and demarcation: georeferenced identification of the sections to be removed, with reference to the measurement methodology for the removal. 2. Low-impact removal method (manual/sequential disassembly, temporary platforms, vibration control). 3. Watercourse and riverbank protection: sediment barriers, hydrological time windows, no intervention during rains. 4. Waste and material management: use and recovery of tiles and structures by my represented party (which is not guaranteed if the Municipality executes it), transportation, and authorized final disposal of the remainder. 5. Safety and signage: orderly temporary closures, information to visitors and third parties. 6. Monitoring and supervision: inspections by SINAC/Water Directorate with technical acts; acceptance/closure criteria. 7. Schedule: phases, milestones, and a prudential timeframe proportional to the scale of the work and the minimum impact standard. 8.Subsequent oversight by SINAC on the conformity of the removal or relocation works, under prior low environmental impact execution criteria. Visit to the Constitutional Chamber Today, August 11, 2025, the undersigned visited the Constitutional Chamber in order to better understand the worrying situation related to the issue of notifications and the damages being caused to my represented party. I was attended by secretary Nombre75051, who indicated she would speak with the Honorable Investigating Magistrate (Magistrada Instructora) Nombre75052; however, we consider it important to hold a meeting with her to obtain a broader understanding of the matter. Petitions 1. Formal explanation for the omission of notification of the resolutions of 09:20 on July 8, 2025, and of 15:29 on July 30, 2025, indicating the cause, responsible party, and corrective measures. 2. A finding that the offense of disobedience or lack of collaboration is not established for the events of July 16, 2025, due to the intervening lack of notification and absence of documentary support exhibited in situ. 3.An express order for notification to this party in a timely and proper manner and in strict equality with the other parties, regarding any new action or resolution in the file (with reliable electronic proof, in accordance with the LGAP regulations). Office of the Attorney General of the Republic (Procuraduría General de la República) 4. Instruction to SINAC to, prior to any coercive demolition, provide the detailed environmental technical opinion that minimizes impacts and defines the method, protection measures, and waste management, with a schedule and supervision. 5. Authorization for my represented party to execute, at its own expense, the removal of tiles and metal structures through the proposed Technical-Environmental Plan, with the approval and oversight of SINAC/Water Directorate, and within a prudential timeframe consistent with the scale of the work and the minimum impact standard (including the recovery of reusable materials by the administered party itself).”.
- 10Nombre75053 reports, in his capacity as regional director of the La Amistad Pacífico Conservation Area (Área de Conservación la Amistad Pacífico, ACLA-P) of the National System of Conservation Areas (Sistema Nacional de Áreas de Conservación, SINAC), who adds the following: “… It is important to inform this honorable Constitutional Chamber that compliance is being achieved with what was ordered in judgment No. 2025017901 of 09:20 on June 13, 2025. Through official letters CARTA-SINAC-ACLAP-DR-0355-2025 and CARTA-SINAC-ACLAP-DR-0397-2025, this Chamber was informed of the actions taken to address what was established in the judgment. These official letters are included in the judicial file on pages 4 and 5. In accordance with the foregoing, through official letter CARTA-SINAC-ACLAP-DR-GMRN-0041-2025 dated August 4, 2025, signed by Mr. Nombre75042, Manager, Natural Resources Management Division (Gerencia de Manejo de Recursos Naturales), a comprehensive report on what was requested is rendered, which official letter is attached.After the date of preparation of report CARTA-SINAC-ACLAP-DR-GMRN-0041-2025, the La Amistad Pacífico Conservation Area, jointly with the Public Force and the Water Directorate, has carried out other actions to guarantee compliance with what was ordered through judgment No. 2025017901 of 09:20 on June 13, 2025, among them: 1. On-site inspection act (acta de inspección ocular) No. 1062 dated August 7, 2025. Attached. 2. On-site inspection act No. 2035 dated August 13, 2025. Which is also attached. In both inspections, the officials verify, and so indicate in the acts, that the ramps are closed by the seals and chains previously placed, and they are found with no evidence of use and maintenance. Therefore, a firm commitment is demonstrated to complying with what was ordered by this honorable Constitutional Chamber through ruling Voto N°2025017901, executing weekly follow-up visits, effective inter-institutional coordination, and measures for the physical closure of the illegal structures.However, the process has been hampered by the systematic resistance of the legal representative of Finca La Familia S.A., as was communicated to the honorable Constitutional Chamber through official letter CARTA-SINAC-ACLAP-DR-0397-2025, dated July 29, 2025, notified to this Chamber July 29, 2025. To continue with the follow-up and coordination tasks necessary for full compliance with what was ordered, only the clarification and authorization requested from your honorable Chamber are required to proceed with the definitive demolition of the structures that encroach upon the water protection areas, through the action of the Municipality of Pérez Zeledón, as was requested before the honorable Constitutional Chamber in official letter CARTA-SINAC-ACLAP-DR-0355-2025, dated July 9, 2025, notified to this Chamber on July 9, 2025.”.
- 11Nombre35101 and Nombre50702 report, in their respective order as mayor and president of the Municipal Council, both of the Municipality of Pérez Zeledón, who state the following: “… Within the administrative actions carried out by this Local Government, the administrative procedure contemplated within the Construction Law (Ley de Construcciones) was initiated for the demolition of the structures that are outside the construction permits obtained by Finca La Familia S.A.; wherein as part of the follow-up to said administrative procedure, as recorded in file number DEN-052-24-ACO, the second notification was carried out, this on August 8, 2025, notifying document number RES-0242-25-ACO both at the registered office of the aforementioned company and personally to Mr. Nombre75044, who refused to sign the acknowledgment of receipt of the cited resolution, as appears in the notification record attached herewith. Thus, this Municipality has employed its good offices through the Territorial Planning office, with the instruction of the administrative procedure for the demolition of the constructed works that are not in accordance with the construction permit processed before this Town Hall. Furthermore, constant follow-up tasks have been performed at the scene of the events, in order to determine compliance with this Municipality's order.”.
- 12Through a brief received at this Court on August 25, 2025, Nombre75033, in his capacity as special judicial representative of Nombre75034, in his capacity as unlimited general representative of FINCA LA FAMILIA SOCIEDAD ANÓNIMA, states the following: “… I.- ALLEGATION OF DISOBEDIENCE TO AUTHORITY LACKING VALIDITY DUE TO LACK OF NOTIFICATION I.- The omission to provide timely notification of the resolutions has generated unfounded accusations of alleged non-compliance and disobedience to authority. In reality, what occurred is exclusively due to the lack of formal and timely communication to my represented party. Among the most relevant facts that have motivated the Municipality and SINAC to make such erroneous statements, the following stand out: 1. Resolution of 09:20 on July 8, 2025: Issued in response to a request for clarification and addition filed by this party, it was never timely notified to the representation or to its principal.Consequently, its content and executable effects were unknown. 2. Proceedings of July 9 and 16, 2025: Officials from SINAC, the Water Directorate, and the Municipality appeared at the property without exhibiting any document or clearly identifying the purpose of their action. Faced with the lack of notification and documentary support, my principal acted prudently by restricting entry, safeguarding the principle of legality and the right to due process. 3. Resolution of 15:29 on July 30, 2025: It was also not validly notified, nor is there electronic proof of its communication prior to August 1. 4. Proceeding of August 1, 2025: Officials, accompanied by the public force, appeared without prior notice and verbally communicated that “the Chamber had decided since July 8”. They immediately ordered the eviction within one hour and proceeded to close off the area with chains and tapes, expelling tourists and visitors, with reputational, logistical, and security impact. 5.Formal protest on August 1, 2025: This representation immediately contested the execution without prior notification, placing on record the irregularity and violation of due process. 6. Late notification on August 4, 2025: It was not until this date that the communication of the resolutions of July 8 and 30 was formally received, that is, three days after the forced intervention. 7. Collaborative reaction on August 1, 2025: Despite the irregularity, upon learning the decision verbally, my principal allowed entry and acquiesced to the proceedings, demonstrating good faith and willingness to comply. 8. Proceeding of August 5, 2025: My principal accompanied and authorized a new official visit by SINAC officials, as recorded in a technical act, confirming his permanent willingness to comply once legally notified. The absence of timely notification of resolutions from this Chamber that serve as the basis for the demolition order gravely violates due process and the right to a defense.While other intervenors were indeed notified, this party remained unaware, which caused material actions to be executed —including the closure and eviction on August 1— without an opportunity for defense or the possibility of voluntary compliance. The late notification confirms that the intervention was irregular. Furthermore, my represented party's conduct, collaborative from the moment the acts were formally known, demonstrates that there was no refusal or disobedience, but rather non-attributable ignorance, derived from the lack of valid notification. II.- On July 2, 2025, the Municipality of Nombre413 notified my represented party of ADMINISTRATIVE RESOLUTION RES-0210-ACO, by which a demolition order was issued without any environmental criteria having been considered. Against said resolution, on July 4, 2025, an APPEAL FOR REVOCATION WITH SUBSIDIARY APPEAL (RECURSO DE REVOCATORIA CON APELACIÓN EN SUBSIDIO) was filed, given that this Honorable Chamber had not yet resolved our Request for Clarification and Addition and, consequently, we lacked timely knowledge due to lack of notification.Subsequently, through ADMINISTRATIVE RESOLUTION RES-0225-ACO, the Municipality rejected our appeal on the grounds that it was a “merely procedural” act (acto de “mero trámite”) and, therefore, without any means of recourse. Against such resolution, we filed an Appeal for Inadmissibility (Recurso de Apelación por Inadmisión), which to date is pending resolution. Despite the fact that the impugned resolutions have not become final, on Friday, August 8, 2025, my represented party was notified of ADMINISTRATIVE RESOLUTION RES-0242-25-ACO, in which the “refusal” is communicated and a second and final “notice” of demolition order is issued, extending the scope of resolution RES-0210-25-ACO. Such proceeding is surprising, arbitrary, and contrary to due process, insofar as the first “notice” is not yet final. It must also be noted that this representation has acted in good faith, approaching the Municipality on multiple occasions in order to obtain the technical-environmental guidelines necessary to proceed, in an appropriate manner, with the removal of the structures that are alleged to be located in the protection zone.III.- My represented party, in its capacity as the principal party interested in the removal of the structures to comply with what was ordered by the Chamber, has shown a collaborative, insistent, and proactive attitude. In that sense, I requested a meeting with Mr. Nombre75054, architect of the Territorial Planning Department of the Municipality of Pérez Zeledón. The first was held on August 12 and the second on August 21, both with the objective of coordinating a meeting with MINAE, the Municipality, and the other entities involved, in order to establish a joint program for the removal of the structures. My represented party, acting in good faith, has expressed its willingness to carry out said removal piece by piece, but wishes to first have the technical and legal criteria duly approved by the competent institutions.”
II.STATEMENT BY MY CLIENT OF THEIR INTENT TO REMOVE THE STRUCTURE AT THEIR OWN EXPENSE, WHICH HAS NOT BEEN POSSIBLE DUE TO THE ABSENCE OF TECHNICAL CRITERIA FROM SINAC AND THE MUNICIPALITY THAT WOULD ALLOW PROCEEDING WITHOUT ENVIRONMENTAL IMPACT IN THE FORM AND MANNER REQUESTED BY THIS CHAMBER By means of Resolution No. 20250174901 of 9:20 a.m. on June 13, 2025, the following was ordered, among other aspects: • To the Dirección de Agua and the Dirección Regional of the Área de Conservación La Amistad Pacífico: “a) Proceed to coordinate and execute the necessary actions to enforce administrative precautionary measure No. 0560 issued on October 22, 2024, adopting the technical and legal measures to guarantee the removal of platforms, ramps, or other illegal constructions within the protection zones of the Barucito River and the Quebrada Sin Nombre, and within an additional period of FIFTEEN DAYS, send this Chamber a detailed report of all efforts undertaken, including a schedule of actions, technical resolutions, inspection reports, and measures executed or planned for the environmental recovery of the affected site.” 4 Two particularly relevant actions arise from this order: (i) the adoption of technical and legal measures to guarantee the removal of the constructions, and (ii) the implementation of measures or programs aimed at the environmental recovery of the affected site.
However, this representation is aware that no defined technical criteria exist for the removal of the structures, much less a program for the recovery of the environmental impact. On the contrary, it is evident from the resolutions and official letters issued by the competent public institutions themselves that the mere existence of the structures has not generated an environmental impact. My client has repeatedly expressed their interest and willingness to proceed with the removal on their own; however, they have also requested on multiple occasions that the area considered encroached upon be specified, which is indispensable information that has never been provided to them. • To the Municipalidad de Pérez Zeledón: “a) Proceed to execute all necessary measures to ensure the effective compliance with the closure order and the seals placed on the infrastructures built in the protection zone of the Barucito River and the Quebrada Sin Nombre, including periodic inspections, physical closure, visible signage, and effective control of the site; and b) Send this Chamber, within a period of no more than an additional FIFTEEN DAYS, a detailed and documented report of the actions executed, with copies of the inspection proceedings, photographs of the site, the adopted administrative resolution, and any follow-up measures.” From the foregoing, it is inferred that regarding the Municipality, only the obligation to execute actions related to the closure and prohibition of use of the structures is derived; at no time is an express order established, nor can it be inferred that the Municipality is in charge of their removal, or that specific provisions exist in that regard.
However, Resolution RES-0210-25-ACO issued by the Municipality of Nombre413 expressly acknowledges the validity of construction permit PDC-0531-2024-ACO; nevertheless, it orders the demolition of alleged works in the protection zone without technically or geographically individualizing which specific structures must be removed. No georeferenced plans, coordinates, official measurements, or updated technical reports supporting the alleged encroachment are provided. The simple generic reference to “ramps and platforms” prevents providing certainty to the object of demolition, generating a high risk of destruction of previously authorized works. It should also be noted that the Sala Constitucional, through Resolution No. 2025017901 of 9:20 a.m. on July 13, 2025, ordered SINAC to provide, among other documents, an execution schedule, which has not been complied with. Thus, a lack of inter-institutional coordination persists, which is indispensable for exercising their powers in accordance with the law, guaranteeing due process and the rights of the administered party, which, as recorded in the case file, have been repeatedly violated.
Such omission contravenes the provisions of Article 132 of the Ley General de la Administración Pública, which requires that the content of administrative acts be clear, precise, and capable of being executed. Likewise, it cannot be ignored that the works in question were authorized under the framework of Article 33 bis of the Ley Forestal, which allows low-impact infrastructure in protection zones for access and observation purposes, a provision whose validity has not been suspended. Executing a demolition without technical delimitation and without an approved environmental plan contravenes principles of legality, proportionality, prevention, and least impact, also generating potential administrative, patrimonial, and personal liabilities for the Administration and its officials. In this context, SINAC —in its capacity as the competent environmental entity— has the duty to previously define how a potential removal or demolition should be executed, specifying aspects such as the reverse construction method, riverbank and channel protection measures, waste management and disposal, sediment control, visitor and personnel safety, execution schedule, supervision mechanisms, and environmental closure measures.
This situation was timely pointed out by this representation in the Recurso de Revocatoria con Apelación en Subsidio, which was rejected by the Municipality under the argument that Resolution RES-0210-25-ACO was not subject to any appeal, as it was considered a mere procedural act. Said rejection was formalized through Resolution RES-0225-ACO, against which this party filed a Recurso de Apelación por Inadmisión, currently pending resolution. However, despite the fact that the challenged resolutions have not become final, my client was notified on Friday, August 8, 2025, of Administrative Resolution RES-0242-25-ACO, in which an alleged “reluctance” is attributed to her and a second and final “notice” of demolition order is issued, in amplification of Resolution RES-0210-25-ACO. Such conduct is surprising, arbitrary, and contrary to due process, insofar as the first “notice” is not yet final.
In the same vein, this representation filed a Recurso de Revocatoria con Apelación en Subsidio against Resolution RES-0242-25-ACO, considering that the declaration of reluctance is arbitrary and contrary to law. In the specific case, none of the demolition requests or proceedings have been accompanied by a detailed technical-environmental plan that guarantees the least possible impact. Quite the contrary, there is no mention whatsoever of this aspect in the efforts of the intervening authorities. Finally, as this involves infrastructure related to access points and platforms in a protection zone —which falls within the factual scenario of Article 33 bis of the Ley Forestal as a low-impact intervention—, it is legally unacceptable to attempt its demolition without a prior technical-environmental plan that ensures a piece-by-piece removal, with suitable prevention and mitigation measures. Such omission contradicts the principles of prevention and least impact that III.- STATEMENT OF POTENTIAL LIABILITIES INCURRED BY THE ADMINISTRATION DUE TO INCORRECT PROCEDURE IN THE EXECUTION OF THE DEMOLITION UNDER CURRENT CONDITIONS This representation hereby formally records, respectfully but emphatically, that the potential execution of a demolition order under the currently verifiable conditions —without a clear technical and geographical delimitation of the object to be demolished, without precision regarding the specific works involved, without the applicable removal regarding the spring (naciente) and the channel having been defined and approved by the competent authority, and without a technical-environmental plan and schedule issued by SINAC with effective supervision— could entail significant legal consequences not only for the Administration as public entities (Municipality and SINAC), but also for the officials who adopt or execute such acts.
Particularly, elements that demand maximum institutional prudence concur: (i) the existence of a valid construction permit (PDC-0531-2024-ACO) that has not been annulled or revoked; (ii) the technical lack of definition of the object to be demolished —as there are no georeferenced plans, coordinates, official measurements, or precise structural description that individualizes sections and elements—; (iii) the pendency of appeals before the municipal authority that could modify, suspend, or render the order ineffective (revocatoria with apelación and apelación por inadmisión); and (iv) the absence of a Technical-Environmental Plan from SINAC establishing a reverse construction method, riverbank and channel protection measures, waste management and sediment control, signage and safety, a schedule, and environmental closure criteria. Proceeding with a demolition without these enabling conditions entails irreversible material, patrimonial, and environmental risks, in addition to violating constitutional principles of legality, proportionality, prevention, and least impact.
It is recalled that public officials are subject to personal liability for the acts they adopt in the exercise of their functions, in accordance with Articles 11 and 11 bis of the Constitución Política and Articles 14, 199, 200, and 201 of the Ley General de la Administración Pública, as well as Articles 338 and 339 of the Código Penal, among other applicable normative bodies. My client has formally stated their willingness to execute the voluntary removal, at their own expense, of the structures located within the protection zone, provided that SINAC previously defines the technical-environmental procedure and provides corresponding support throughout the execution, in order to guarantee a piece-by-piece removal with sediment control, riverbank and channel protection, recovery and reuse of materials, and authorized final disposal of the remainder. Persisting in the idea of a forced demolition by the Municipality or through third parties —without an approved environmental plan, without technical support from SINAC, and with appeals pending resolution— accentuates the environmental damage, the unlawfulness, and broadens the spectrum of individual and institutional responsibilities.
Therefore, this representation respectfully requests the Honorable Sala Constitucional to assess these points when hearing this matter, in order to prevent irreparable damage to the environment, to legal certainty, and to the fundamental rights of my client.”.
13- Through a document received by this Court on September 10, 2025, Nombre75033, in their capacity as special judicial attorney-in-fact of Nombre75034, in their capacity as generalísimo attorney-in-fact without sum limit of FINCA LA FAMILIA SOCIEDAD ANÓNIMA, states the following: “… In compliance with the final resolution issued in this proceeding, this party entrusted the firm R&R Ingenierías S.A., under the direction of engineer Nombre75055, with the preparation of a technical-environmental diagnosis concerning the structures located in the area in question. Said report, dated September 10, 2025, is attached for your assessment. It records that complete topographic surveys of the structures and access points were carried out, as well as the identification and georeferencing of springs (nacientes) and bodies of water present on the land. Soil studies and a geological and morphological analysis of the zone were also carried out, based on which progress was made in the preparation of construction plans and preliminary documentation aimed at managing construction permits and environmental viability (viabilidad ambiental).
The report concludes that, although there has been significant progress in gathering baseline information, the environmental impacts cannot be definitively determined as yet, given that soil and water laboratory results are still pending. However, it warns that, as a preventive measure, the eventual removal of structures must be contemplated should the Secretaría Técnica Nacional Ambiental (SETENA) so require or should the technical results yet to be received so indicate. To this end, a dismantling plan is recommended that prioritizes progressive manual dismantling of the structures, the controlled transfer of materials out of the protection zones, and the natural rehabilitation of the area through revegetation with native species, thus guaranteeing the least possible environmental impact. Consequently, this party reiterates its consent and commitment to proceed with the removal of the structures and paving stones at its own expense, always under due technical and environmental supervision.
We consider it indispensable that, in addition to the Municipality of Nombre413 and the Sistema Nacional de Áreas de Conservación (SINAC), SETENA be formally involved, so that inter-institutional coordination ensures full compliance with what was resolved by this Court and, at the same time, an integral, orderly, and environmentally responsible execution of the tasks. Therefore, I respectfully request that this Follow-up Report be deemed submitted, with the inclusion of the attached technical document, and that the appropriate measures be ordered so that the competent institutions coordinate their actions with this party, in order to effectively comply with the resolution of the Sala Constitucional and with the highest standards of environmental protection.”.
- 14Through a document received by this Court on September 22, 2025, Nombre75033, in their capacity as special judicial attorney-in-fact of Nombre75034, in their capacity as generalísimo attorney-in-fact without sum limit of FINCA LA FAMILIA SOCIEDAD ANÓNIMA, states the following: “… A. Pending municipal appeals and silence of the Mayor's Office The current situation reveals a clear legal impropriety in the actions of the Municipality, insofar as resolutions have been issued while multiple essential administrative appeals remain pending resolution, which are interdependent and whose resolution corresponds to the Mayor's Office: 1. Recurso de apelación por inadmisión filed against RES-0225-25-ACO, upon which the recurso de revocatoria con apelación en subsidio filed against RES-0210-25-ACO depends. 2. Recurso de apelación por inadmisión filed against RES-0284-25-ACO, upon which the recurso de revocatoria con apelación en subsidio filed against RES-0242-25-ACO depends.These appeals for inadmissibility constitute an unavoidable prior stage: until they are resolved by the Mayor's Office, it is legally impossible to process the linked recursos de revocatoria con apelación en subsidio. In other words, the admissibility and processing of the main appeals depend directly on the prior resolution of those regarding inadmissibility, which means that as long as these remain pending, none of the administrative acts that underpin the demolition orders have become final. 2 Administrative doctrine and the jurisprudence of the Tribunal Contencioso Administrativo repeatedly hold that only final acts generate enforceable effects. Consequently, any anticipated action based on non-final acts —such as a demolition order— is improper, illegal, and violates the right of defense. The correct procedural sequence required the Administration to first resolve the appeals of inadmissibility, as their acceptance could lead to the annulment, modification, or suspension of the original demolition orders.Skipping this stage empties the right of defense of content and violates the principles of appealability and due process enshrined in Articles 39 of the Constitución Política and 163 of the Ley General de la Administración Pública. In addition to this, the demolition orders issued lack a technical-environmental plan approved by SINAC and an execution schedule ordered by the Sala Constitucional through Resolution No. 2025017901. The absence of these instruments makes any attempt at execution arbitrary, materially impossible, and burdensome for the administered party, exposing them to civil, administrative, and criminal liabilities for damages arising from interventions without clear technical criteria. In short, the haste with which demolition orders have been issued, without first resolving the pending appeals or defining minimum technical criteria, demonstrates administrative action without adequate motivation, in open violation of Articles 132 of the LGAP and 33 bis of the Ley Forestal, and to the detriment of the administered party's rights to legal certainty, due process, and effective administrative protection.B. Thirty-day deadline for demolition without clear technical guidelines The challenged resolution establishes a peremptory period of thirty calendar days to execute the demolition, without providing the minimum technical information to identify with certainty which structures must be removed or under what conditions such action must be carried out. This omission makes the order materially impossible to comply with according to law, since the administered party lacks objective, verifiable, and well-founded parameters to ascertain: (i) 3 which specific structures must be removed, (ii) what the area effectively considered encroached upon is, and (iii) what technical or environmental measures must be observed during execution. Forcing a demolition to be carried out under such circumstances places the administered party in a state of defenselessness and exposes them to significant legal risks arising from action without technical support.In accordance with Article 132 of the Ley General de la Administración Pública, the content of every administrative act must be lawful, possible, clear, and precise, resolving all questions of fact and law on which it is based. An order that mandates demolition without technically or geographically individualizing the supposedly illegal structures —limiting itself to generic references such as “ramps and platforms”— lacks certainty, is legally unenforceable, and directly violates the principles of legality, proportionality, and due process. Under these conditions, the administered party cannot be required to execute a demolition whose object has not been defined with exactness or technically supported, as this would mean imposing undue legal burdens and responsibilities that are not theirs. The absence of clear delimitation and technical support makes the order not only illegal, but also arbitrary and burdensome, harming the right of defense and the legal certainty of the administered party.C. Omission by SINAC in presenting the schedule and in the technical definition of the removal By means of Resolution No. 20250174901 of 9:20 a.m. on June 13, 2025, the Sala Constitucional expressly ordered SINAC, among other aspects, to coordinate and execute the necessary actions to comply with administrative precautionary measure No. 0560 issued on October 22, 2024, further ordering that within a period of fifteen days a detailed report be sent that necessarily included a schedule of actions, technical resolutions, inspection reports, and measures planned for the environmental recovery of the affected site. Two central obligations arise from this order: (i) the adoption of technical and legal measures to guarantee the removal of the questioned constructions, and (ii) the implementation of measures aimed at environmental recovery. However, to date SINAC has not complied 4 with these requirements, failing even to comply with what was subsequently ordered by the Sala Constitucional in Resolution No. 2025017901 of July 13, 2025, where the duty to provide an execution schedule was reiterated.The omission is not minor: without clear technical criteria for the removal or a program for environmental recovery, the execution of any demolition becomes legally unfeasible. On the contrary, it is evident from the resolutions and official letters issued by the public institutions themselves that the mere existence of the structures has not generated an environmental impact, which reinforces the need for any intervention to be guided by duly substantiated technical criteria. The representation has repeatedly expressed willingness to proceed with the removal, but has requested —without receiving a response— that the area effectively considered encroached upon be specified, information that is indispensable for executing any measure without the risk of destroying previously authorized works. The absence of georeferenced plans, coordinates, or updated technical reports prevents providing certainty to the object of removal, which violates the right of defense and contravenes the provisions of Article 132 of the Ley General de la Administración Pública, which requires that administrative acts be clear, precise, and capable of being executed.Likewise, it must be remembered that the works in question were authorized under the framework of Article 33 bis of the Ley Forestal, which allows low-impact infrastructure in protection zones for access and observation purposes. In this context, ordering a demolition without a prior technical-environmental plan is disproportionate and contrary to the principles of legality, prevention, and least impact that govern environmental management. SINAC, in its condition as the competent environmental entity, has the legal duty to previously define the form of a potential removal, specifying aspects such as: reverse construction method, riverbank and channel protection measures, waste management, sediment control, personnel and visitor safety, execution schedule, supervision mechanisms, and environmental closure measures. The omission in these aspects compromises not only the legality of the administrative action, but may also generate patrimonial and personal liabilities for the intervening officials. 5 Consequently, as long as SINAC does not present the schedule and the indispensable technical-environmental guidelines, any demolition order lacks real enforceability and places the administered parties in a state of defenselessness.”.
- 15In the proceedings followed, the legal requirements have been observed.
Drafted by Magistrate Hess Herrera; and,
Considering:
I. REGARDING WHAT WAS RESOLVED BY THIS COURT
This Chamber, through Resolution No. 2025017901 at 09:20 a.m. on June 13, 2025, resolved the following: “… The appeal is partially granted, solely regarding the right to a healthy and ecologically balanced environment. It is ordered that Nombre35101 and Nombre50702, in their respective capacities as mayor and president of the Council, both of the Municipalidad de Pérez Zeledón, or whoever occupies those positions in their stead, coordinate what is necessary and carry out all actions within the scope of their powers so that within a period of FIFTEEN DAYS, from the notification of this judgment, a) proceed to execute all necessary measures to ensure the effective compliance with the closure order and the seals placed on the infrastructures built in the protection zone of the Barucito River and the Quebrada Sin Nombre, including periodic inspections, physical closure, visible signage, and effective control of the site and b) send this Chamber, within a period of no more than an additional FIFTEEN DAYS, a detailed and documented report of the actions executed, with copies of the inspection proceedings, photographs of the site, the adopted administrative resolution, and any follow-up measures.
Likewise, it is ordered that Nombre47908, Nombre75032, and Nombre24581, in their respective capacities as acting executive director of the Sistema Nacional de Área de Conservación, regional director of the Área de Conservación la Amistad Pacífico, and acting director of the Dirección de Agua, all of the Ministerio de Ambiente y Energía, or whoever occupies those positions in their stead, so that within a period of FIFTEEN DAYS, from the notification of this resolution, a) proceed to coordinate and execute the necessary actions to enforce administrative precautionary measure No. 0560 issued on October 22, 2024, adopting the technical and legal measures to guarantee the removal of platforms, ramps, or other illegal constructions within the protection zones of the Barucito River and the Quebrada Sin Nombre and b) within an additional period of FIFTEEN DAYS, send this Chamber a detailed report of all efforts undertaken, including a schedule of actions, technical resolutions, inspection reports, and measures executed or planned for the environmental recovery of the affected site and c) Establish a coordinated and inter-institutional mechanism for permanent oversight together with the Municipality of Nombre413 in the affected area, in order to prevent new constructions, occupations, or works within water protection zones without the due permit.
The foregoing is issued with the warning that, based on the provisions of Article 71 of the Ley de la Jurisdicción Constitucional, imprisonment of three months to two years, or a fine of twenty to sixty days, will be imposed on those who receive an order that they must comply with or enforce, issued in an amparo appeal, and fail to comply with or enforce it, provided the crime is not more severely punished. The State and the Municipality of Nombre413 are ordered to pay the costs, damages, and losses caused by the facts that serve as the basis for this declaration, which will be liquidated in the execution of the judgment of the contentious-administrative jurisdiction. In all other respects, the appeal is declared without merit.”.
II. REGARDING THE MOTION FILED
The petitioner mentions that the judgment was already clear in ordering the removal of all works within the Protection Zone, and therefore, it is not appropriate to clarify or add aspects regarding its delimitation. The demarcation corresponds to SINAC and the Dirección de Aguas through their technicians.
- a)Failure to observe the precautionary measure: He affirms that the violator continued building despite the administrative closure and broke official seals, constituting new administrative and criminal infractions, which demonstrates contempt for the legal system and repeated damage to the environment.
- b)Responsibility for costs: He points out that the costs of removing the works must fall on the violator, as she is the one who caused the damages. Although the Chamber did not explicitly state it, he emphasizes that the general rule in environmental matters is that the violator assumes those expenses.
- c)Impropriety of invoking Ley 7600: He criticizes that the violator seeks to justify illegal works under the pretext of complying with Ley 7600. He explains that said law applies only to legally constituted commercial activities and cannot be used as a shield against illegal actions that harm the environment.
- d)Nullity of the permit in the Protection Zone: He reiterates that even if a municipal permit existed, it would lack validity in the Protection Zone, since municipalities have no authority in that area and, furthermore, Articles 33 BIS and 33 TER of the Ley Forestal were suspended by constitutional order since February 2023.
- e)Environmental damage: He underscores that any damage in protection zones, even if classified as minimal, is always serious due to the essential function of preserving water resources and biodiversity. The permanence of the works would multiply the deterioration, while their removal will allow natural recovery.
- f)Compliance with the judgment: He states that the judgment clearly distributed the powers among SINAC, Dirección de Aguas, and the Municipalidad de Nombre413 to execute the removal, impose closures, and follow up. Therefore, he considers new clarifications unnecessary.
- g)Conclusion: The appellant considers that the judgment is clear, that the works must be removed entirely from the Protection Zone, and that the offending company seeks to delay and cover up its responsibility.
III. The acting executive director of the Sistema Nacional de Áreas de Conservación (SINAC) states the following
- a)Execution and formal report to the Chamber: Indicates that Judgment No. 2025017901 is being complied with. He sent official letters CARTA-SINAC-ACLAP-DR-0355-2025 and CARTA-SINAC-ACLAP-DR-0397-2025 to the Chamber, with reports and progress that are recorded in the case file.
- b)Internal coordination chain: The Dirección Ejecutiva requested a detailed report from ACLAP. Through CARTA-SINAC-ACLAP-DR-GMRN-0041-2025 (Aug-04-2025), the Gerencia de Manejo de Recursos Naturales provided an update and reiterated the request made in INF-0168-2025 (July 9, 2025) that given the complexity, the Municipalidad de Nombre413 collaborate in the demolition and removal of works in the protection area.
- c)Technical visits and measurement of protection areas: Field visits were scheduled and carried out with personnel from SINAC (including a surveyor) and Dirección de Aguas for precise topographic measurement of the protection zones of the Barucito River and Quebrada Sin Nombre.
- d)Documented obstacles to entry: He records denials of access by the representative of Finca La Familia S.A. (July 9, 2025), alleging the absence of a written order and the pendency of a request for clarification.
Due to the obstruction, official Nombre49663 consulted the Deputy Prosecutor's Office; the Chamber was informed (official letter CARTA-SINAC-ACLAP-DR-0397-2025) requesting an opinion on potential legal avenues in the face of disobedience.
- e)On-site operational measures (August 1, 2025): An inter-institutional inspection was carried out with the Municipality, SINAC, and the Public Force. Reinforcement of the closure: chains and tape on accesses to platforms. Seizure (Record No. 1938) of equipment and tools operating within protection areas. A record was made of a new initial denial of entry and of exit restrictions imposed by the company representative.
- f)Sustained inter-institutional coordination: It reports coordination meetings between SINAC, the Directorate of Water, and the Municipality, plus a plan of committed weekly follow-up visits, evidenced in attached tables.
- g)Need for municipal support for demolition: The Municipality of Nombre413 requested technical specifications and raised the need for a contract to execute the demolition due to its high complexity. h) SINAC states that it does not have specialized personnel, financial resources, materials, or equipment to demolish these structures on its own. i) Pending requests to the Chamber: It reiterates that it awaits an express pronouncement on: i) Authorization/consent to execute the demolition and removal through the Municipality (pursuant to INF-0168-2025 and CARTA-DR-0355-2025). ii) Directives in light of the impediment to entry by the representative of Finca La Familia S.A., to guarantee the execution of what was ordered. iii) Conclusion of compliance: It maintains a firm commitment to vote No. 2025017901: weekly visits, inter-institutional coordination, reinforced closures, and seizures. It points out that the systematic resistance of the administered party has hindered full execution and that for integral compliance, it requires clarification and authorization from the Chamber to proceed with the definitive demolition through municipal support.
It is resolved: from the proceedings reported by the National System of Conservation Areas (SINAC), it is evident that there is no non-compliance with judgment No. 2025017901, given that said authority has accredited the execution of a series of actions aimed at complying with what was ordered. Indeed, the existence of a chain of internal coordination is verified, as well as technical visits and topographic surveys jointly with the Directorate of Water, aimed at specifying the protection areas of the Barucito River and the unnamed stream (quebrada Sin Nombre). Likewise, it is evident that the undertaken tasks have been hindered by the refusal of the legal representative of Finca La Familia S.A. to allow access to the property, a situation that even prompted the consultation to the Deputy Prosecutor's Office to safeguard the legality of the administrative action.
Likewise, it is placed on record that SINAC, in coordination with the Municipality of Nombre413 and the Public Force, has conducted on-site inspections, proceeding to reinforce the closure by means of chains and tape on the accesses to the platforms, to seize equipment and tools used within the protection zone, and to hold periodic inter-institutional coordination meetings, all in follow-up to the compliance with what was resolved by this Chamber.
Consequently, no non-compliance attributable to SINAC is observed, but rather progressive compliance within the limits of its competence, with only the coordination with the Municipality of Nombre413 pending for the definition of technical specifications and the ordered execution of the demolition of structures invading protection zones, an aspect on which this Chamber will rule in the section regarding the respondent Municipality.
IV.Mayor Nombre75036 and the President of the Municipal Council Nombre50702, representing the Municipality of Pérez Zeledón, state that the petitioner's claim regarding an alleged non-compliance with what was resolved by the Constitutional Chamber in judgment No. 2025017901 is false and inaccurate.
First, they highlight that on July 2, 2025, an official visit to the site of the events was made, carried out by municipal officials Nombre75037 (acting coordinator of the Territorial Planning Process), Nombre75038 and Nombre75039 (legal advisors), and Nombre75040 (engineer of Municipal Works). On that occasion, Mr. Nombre75034, legal representative of Finca La Familia S.A., was personally notified of administrative resolution No. RES-210-25-ACO, issued by Nombre75041, acting coordinator of Construction Control, by which the demolition of works built in the protection zone was ordered, pursuant to administrative file No. DEN-052-24-ACO.
Subsequently, on August 1, 2025, municipal officials, in coordination with SINAC and the Public Force, conducted an inspection at the farm registered under folio 1-246334-000, owned by Finca La Familia S.A. From this proceeding, Record No. 0006-25-PTE-AMZ was drawn up, in which the observed conditions are described in detail. The record indicates that structures invading the protection area of the Barucito River are found on the site, and that the closures made in July 2025 remained respected, although with some deterioration due to weather.
During that visit, a meticulous inspection of all constructions was carried out, and the points where the invasion of the protection zone was verified were precisely determined. Based on this, existing closures were reinforced, and additional closures were executed, so that the ramps and accesses invading the protection area were effectively disabled for use.
To document the actions, official letter No. OFI-0276-25-PTE was prepared, signed by Nombre75037, which includes a detailed report of the field visit, accompanied by a photographic sequence and a sketch evidencing the survey conducted and the effective closure of the illegal structures.
In summary, the Municipality emphasizes that it has acted diligently, both by formally notifying the demolition order and by conducting joint inspections and reinforcing closure measures in coordination with other authorities, thus complying with what was ordered by the Constitutional Chamber.
It is resolved: From what was reported by the Municipality of Nombre413, represented by its mayor and the president of the Municipal Council, it is evident that said local entity has deployed diligent and coordinated actions with the other respondent authorities to comply with what was ordered by this Chamber in judgment No. 2025017901.
Indeed, it is on record that the legal representative of Finca La Familia S.A. was personally notified of the administrative resolution ordering the demolition of the illegal works, the corresponding administrative procedure was instructed, and joint inspection visits have been carried out with officials from SINAC and the Public Force, drawing up records and adopting reinforced closure measures at the access points to the structures invading the protection zone.
Regarding the removal of the works, said action must be supported by technical and administrative parameters that guarantee the effective recovery of the affected zone and the protection of the environment, in compliance with Article 50 of the Political Constitution, as well as the binding order issued by this Constitutional Tribunal. That is, while the demolition of the indicated structures is necessary in order to comply with the order given in the judgment of this process, it is also relevant to specify that such execution must seek not to cause greater environmental damage in the area. It must, therefore, have environmental technical backing.
V. The Director of Water of the Ministry of Environment and Energy states the following
- a)Actions taken: Constant coordination with SINAC and the Municipality of Nombre413 has been carried out to execute what was ordered. b) A topographic survey of the protection area was attempted on July 9, 2025, but the legal representative of Finca La Familia S.A. denied entry (ocular inspection record No. 2028).
- c)Administrative follow-up: On July 18, 2025, the elimination of the intake point and water transfer infrastructure from the unnamed spring (naciente sin nombre), which did not have permits, was verified. Report DA-UHTPSOZ-1088-2025 was issued to document this compliance.
- d)Rescheduling and coordination: After the initial denial of entry, a new joint visit was scheduled with SINAC and the Municipality for August 5, 2025, in order to corroborate the removal of the works.
- e)Central argument: The Directorate of Water maintains that there has been no disobedience of the Constitutional Chamber's order, but rather external impediments arising from the refusal of the company's legal representative to allow access to the property.
It is resolved: From the proceedings reported by the Director of Water of the Ministry of Environment and Energy, it is evident that there is no non-compliance with the judgment issued by this Tribunal. This is because various actions aimed at complying with what was ordered have been accredited, among which constant coordination with the National System of Conservation Areas and with the Municipality of Pérez Zeledón stands out, as well as efforts to carry out joint technical visits to the property in question.
It was verified that on July 9, 2025, an attempt was made to carry out the topographic survey of the protection area, a proceeding that could not be completed due to the refusal of the legal representative of Finca La Familia S.A. to allow entry, a fact documented in ocular inspection record No. 2028. However, actions were continued through administrative follow-up carried out on July 18, 2025, an occasion on which the elimination of the intake point and the water transfer infrastructure from the unnamed spring (naciente sin nombre), lacking legal permits, was verified, a circumstance that was formally reported through report DA-UHTPSOZ-1088-2025.
Likewise, new inter-institutional coordination was carried out that allowed rescheduling the visit for August 5, 2025, with the objective of corroborating the removal of the works. In this context, it is evident that the Directorate of Water has not incurred in disobedience or non-compliance with what was ordered by this Chamber, since the difficulties faced are due to external obstacles attributable to the refusal of the owning corporation to allow access to the property. Consequently, it is concluded that the actions developed by the Directorate of Water reflect progressive and diligent compliance with what was ordered by this Tribunal, limited only by circumstances beyond its will and competence.
VI.The regional director of the La Amistad Pacífico Conservation Area (ACLA-P) of the National System of Conservation Areas (SINAC), explains that:
- a)Initiation of administrative procedure: A procedure was opened under the Construction Law for the demolition of structures built outside the permits granted to Finca La Familia S.A., and the process is documented under file DEN-052-24-ACO. b) Notification of resolution: On August 8, 2025, the second notification was served (document RES-0242-25-ACO) at the company's registered address and personally to Mr. Nombre75044, who refused to sign the receipt.
- b)Follow-up actions: The Municipality has carried out constant inspection and control tasks at the site to verify compliance with the municipal order.
It is resolved: From what was reported by the Regional Directorate of the La Amistad Pacífico Conservation Area (ACLA-P) of the National System of Conservation Areas (SINAC), it is concluded that there is no non-compliance with the judgment issued by this Tribunal.
Indeed, said authority has demonstrated having acted within the scope of its powers, by initiating the corresponding administrative procedure under the Construction Law for the demolition of the structures erected outside the permits granted to Finca La Familia S.A., a process substantiated in file DEN-052-24-ACO. Likewise, the completion of the second notification was verified, through document RES-0242-25-ACO dated August 8, 2025, served both at the company's registered address and personally to Mr. Nombre75044, who refused to sign the receipt, which demonstrates compliance with procedural formalities.
Added to this is the execution of continuous inspection and control tasks on the site, aimed at verifying compliance with the municipal order and guaranteeing the effectiveness of what was ordered by this Chamber. For the foregoing, it is determined that the actions carried out by the Regional Directorate of the ACLA-P demonstrate diligence and adherence to what was ordered by this Tribunal, without any non-compliance being attributable to it, with the sole warning that the demolition tasks for the structures subject to this appeal must be carried out with full protection of the right to a healthy environment, employing the best practices in such execution.
VII. ALLEGATIONS OF MR
Nombre75033, in his capacity as special judicial representative of Nombre75034, in his capacity as unlimited general representative of Nombre75056:
- a)Lack of notification of resolutions: He alleges that he was not notified of the resolutions of July 8, 2025, and July 30, 2025. He points out that only the moving party was notified, which violates the principle of procedural equality and due process.
- b)Administrative actions without documentary support: He claims that officials from SINAC, the Directorate of Water, and the Municipality entered on July 9 and 16, 2025, without showing documents accrediting their designation or the scope of the proceeding. He justifies the denial of entry based on the absence of prior notification and formal documentation.
- c)Forced execution without notice: He states that on August 1, 2025, officials accompanied by the Public Force ordered the eviction and closed the access with chains and tape, without prior notification. He affirms that this caused logistical, reputational, and security damages, as tourists were expelled from the site.
- d)Late notification: He indicates that formal notification of the resolutions did not arrive until August 4, 2025, when coercive measures had already been executed.
- e)Procedural and administrative prejudice: He maintains that the omission of notification led them to carry out administrative steps under a mistaken assumption, causing damages and confusion about the real state of the process.
- f)Willingness to comply: He emphasizes that on the same August 1, upon verbally learning of the resolution, he allowed entry to authorities. On August 5, he authorized a new official visit, demonstrating collaboration and good faith.
- g)Lack of a technical demolition plan: He points out that SINAC and the Municipality have not presented a detailed environmental plan for the demolition. He warns that executing the removal without technical guidelines contradicts the principles of prevention and least environmental impact.
- h)Proposed solution: He requests that his represented party be authorized to carry out the voluntary removal of structures in the protection zone, through a Technical-Environmental Plan (PTA) with a georeferenced inventory, low-impact method, measures to protect the watercourse, waste management, safety, a timeline, and supervision by SINAC/Directorate of Water.
- i)Regarding demolition, its inadmissibility, and enforceability: First, he maintains that there are administrative appeals pending resolution before the Mayor's Office —in particular, appeals against the inadmissibility rulings on resolutions RES-0225-25-ACO and RES-0284-25-ACO— on which the revocation appeals with subsidiary appeal filed against resolutions RES-0210-25-ACO and RES-0242-25-ACO directly depend. Therefore, as long as such appeals are not resolved, the challenged acts have not become final, making it legally inadmissible to execute demolition orders based on non-final acts. He also alleges that the Administration violated the right of defense and due process by omitting to resolve the appeals in logical order, infringing Articles 39 of the Political Constitution and 163 of the General Law of Public Administration. Secondly, he questions the demolition order for lacking clear technical and environmental guidelines, as it imposes a thirty-day deadline without specifying precisely which structures must be removed, nor the technical or environmental conditions under which it must be carried out.
Such an omission would make the act materially impossible to comply with, contrary to Article 132 of the LGAP, the principle of legality, and legal certainty. Finally, he argues the omission by SINAC to present the timeline and technical-environmental guidelines ordered by the Constitutional Chamber in resolutions No. 20250174901 and No. 2025017901, which are indispensable requirements for any execution. He indicates that without such instruments, there is no technical or environmental basis to proceed with a demolition, exposing the administered parties to potential liabilities. In summary, the petitioner requests that no demolition be executed while the pending appeals are not resolved and while there is no duly approved technical-environmental plan, in order to guarantee due process, legal certainty, and effective administrative protection.
It is resolved: Regarding the lack of notification of the resolutions of July 8 and 30, 2025, it should be clarified that, although the judgment has a direct relationship with the property and commercial activity of the petitioner, he does not appear as a respondent party in the amparo, but rather the public bodies and entities responsible for overseeing the activity they carry out. However, to the above must be added that, having appeared in the proceedings and being directly linked to what was resolved, the corresponding provisions have been adopted to be notified of what was resolved.
On the other hand, what is alleged regarding administrative actions "without documentary support" is unfounded, since the respondent authorities have administrative police powers and act in strict compliance with an order emanating from this Constitutional Tribunal, which fully empowers them to execute proceedings and adopt the necessary measures to ensure the effectiveness of the ruling.
In the same vein, the intervention of the Public Force, described as "forced execution without notice," constitutes a legitimate assistance action, adjusted to its competencies, aimed at the closure of structures that, as proven in the judgment, have caused significant environmental damage.
As for the alleged absence of a technical demolition plan and the proposal for voluntary execution put forward by the respondent company, this joint work must be proposed and coordinated with the competent authorities, who are responsible for defining the technical, operational, and environmental aspects of the removal of the structures.
The challenged actions are part of the normal execution process of a constitutional judgment already indicated, which remains fully in force and must be complied with under the very terms already set forth. Finally, regarding the statements on the enforceability of various acts despite the filing of a series of appeals, this is a matter of legality, outside the scope of this Tribunal's competence, and regarding the necessary environmental technical condition of the works demolition plan and its timeline, the parties are referred to what has already been indicated above on that particular aspect.
VIII. DOCUMENTATION PROVIDED TO THE FILE
The parties are warned that if any paper document has been provided, as well as objects or evidence contained in any additional electronic, computer, magnetic, optical, telematic device, or one produced by new technologies, these must be withdrawn from the office within a maximum period of thirty working days counted from the notification of this judgment. Otherwise, all material not withdrawn within this period will be destroyed, pursuant to the provisions of the "Regulation on Electronic Files before the Judicial Branch," approved by the Full Court in Session No. 27-11 of August 22, 2011, article XXVI, and published in the Judicial Bulletin No. 19 of January 26, 2012, as well as the agreement approved by the Superior Council of the Judicial Branch, in Session No. 43-12 held on May 3, 2012, article LXXXI.
Therefore:
The motions filed are dismissed. - Fernando Castillo V.
Fernando Cruz C.
Paul Rueda L.
Luis Fdo. Salazar A.
Jorge Araya G.
Anamari Garro V.
Ingrid Hess H.