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Res. 92528-2025 Sala Constitucional · Sala Constitucional · 13/11/2025
OutcomeResultado
The Constitutional Chamber admits for study the unconstitutionality action against various norms that make up the exceptional regime of the Papagayo Gulf Tourism Project, granting a hearing to the respondent authorities without suspending the general validity of the challenged norms.La Sala Constitucional admite para estudio la acción de inconstitucionalidad contra diversas normas que configuran el régimen de excepción del Proyecto Turístico Golfo de Papagayo, confiriendo audiencia a las autoridades demandadas sin suspender la vigencia general de las normas impugnadas.
SummaryResumen
The Constitutional Chamber admits for study an unconstitutionality action filed by a lawyer in defense of the diffuse interest in a healthy environment. Multiple norms that create an exceptional regime for the Papagayo Gulf Tourism Project, administered by the Costa Rican Tourism Institute (ICT), are challenged. The petitioner argues that these norms —including Article 74 of the Maritime-Terrestrial Zone Law, project-specific laws and decrees, and regulatory provisions— violate the principles of non-regression, progressivity, objectification, and irreducibility of ecosystems, as well as the rights to a healthy climate and an ecologically balanced environment. The challenge asserts that continuous and uninterrupted administration by the ICT of a broad coastal strip, without excluding areas that are State Natural Heritage (forests, wetlands, mangroves), allows concessions for tourism developments that destroy forest cover and fragment biological corridors. A national-interest decree is also challenged for allegedly permitting land-use change on forested state lands, along with occupancy parameters of the Master Plan that lack scientific basis. The Chamber grants a hearing to the respondent authorities and orders publication of the legal notice, clarifying that the filing of the action does not stay the general validity of the challenged norms.La Sala Constitucional admite para estudio una acción de inconstitucionalidad interpuesta por un abogado en defensa del interés difuso a un ambiente sano. Se impugnan múltiples normas que crean un régimen de excepción para el Proyecto Turístico Golfo de Papagayo, administrado por el Instituto Costarricense de Turismo (ICT). El accionante alega que estas normas —incluyendo el artículo 74 de la Ley de Zona Marítimo Terrestre, leyes y decretos del proyecto, y disposiciones reglamentarias— vulneran los principios de no regresión, progresividad, objetivación e irreductibilidad de los ecosistemas, así como los derechos a un clima sano y a un ambiente ecológicamente equilibrado. Se cuestiona que el ICT administre de forma continua e ininterrumpida una amplia zona costera sin excluir áreas de Patrimonio Natural del Estado (bosques, humedales, manglares), lo que permitiría otorgar concesiones para desarrollos turísticos que eliminen cobertura boscosa o fragmenten corredores biológicos. También se impugna un decreto de conveniencia nacional que, según el accionante, autoriza indebidamente el cambio de uso del suelo en terrenos estatales boscosos, y parámetros de ocupación del Plan Maestro que carecen de sustento científico. La Sala confiere audiencia a las autoridades demandadas y ordena la publicación del aviso de ley, aclarando que la interposición de la acción no suspende la vigencia general de las normas impugnadas.
Key excerptExtracto clave
The unconstitutionality action filed by [Name 001], of legal age, attorney, (...) is admitted for proceedings, seeking to declare unconstitutional the following norms: 1) Article 74 of the Maritime-Terrestrial Zone Law, Law No. 6043 of 2/3/77; 2) Article 93 of the Regulation to the Maritime-Terrestrial Zone Law, Executive Decree No. 7841-P of 11/16/77; 3) Article 1, final paragraph, of Law No. 6370, known as the Law Declaring the Papagayo Gulf Tourism Project of Public Utility, of 8/20/79; 4) Sections 2 and 12 of Law No. 6758 of 6/4/1982, which Regulates the Execution of the Papagayo Tourism Project; 5) Articles 1 and 2 of Executive Decree No. 33132-MP-T of February 9, 2005; and 6) Section 5.1, subsections i) and j) of Regulation No. 4572 of 7/10/1995 of the Costa Rican Tourism Institute, called 'General Master Plan of the Papagayo Gulf Tourism Project.' The challenge is based on their alleged violation of the principles of non-regression, progressivity, objectification, irreducibility of ecosystems, the right to a healthy climate, and the right to a healthy and ecologically balanced environment.Se da curso a la acción de inconstitucionalidad interpuesta por [Nombre 001], mayor, abogado, (...) para que se declaren inconstitucionales las siguientes normas: 1) el numeral 74 de la Ley de la Zona Marítimo Terrestre, Ley n.° 6043 del 02/03/77; 2) el ordinal 93 del Reglamento de la Ley de la Zona Marítimo Terrestre, Decreto Ejecutivo n.° 7841-P, del 16/11/77; 3) el artículo 1, párrafo final, de la Ley n.° 6370, que se denomina Ley que Declara de Utilidad Pública el Proyecto Turístico Golfo Papagayo, del 20/08/79; 4) los ordinales 2 y 12 de la Ley n.° 6758 del 04/06/1982, que Regula la Ejecución del Proyecto Turístico de Papagayo; 5) los artículos 1 y 2 del Decreto Ejecutivo n.° 33132-MP-T del 9 de febrero de 2005; y, 6) el ordinal 5.1 incisos i) y j) del Reglamento n.° 4572 del 10/07/1995 del Instituto Costarricense de Turismo, denominado "Plan Maestro General del Proyecto Turístico Golfo de Papagayo". Lo anterior, por estimarlas contrarias a los principios de no regresión, progresividad, objetivación, irreductibilidad de los ecosistemas, el derecho a un clima sano y el derecho a un ambiente sano y ecológicamente equilibrado.
Pull quotesCitas destacadas
"Se da curso a la acción de inconstitucionalidad interpuesta por [Nombre 001] (...) para que se declaren inconstitucionales (...) por estimarlas contrarias a los principios de no regresión, progresividad, objetivación, irreductibilidad de los ecosistemas, el derecho a un clima sano y el derecho a un ambiente sano y ecológicamente equilibrado."
"The unconstitutionality action filed by [Name 001] (...) is admitted for proceedings (...) seeking to declare unconstitutional (...) on the grounds that they violate the principles of non-regression, progressivity, objectification, irreducibility of ecosystems, the right to a healthy climate, and the right to a healthy and ecologically balanced environment."
Por tanto (considerandos iniciales)
"Se da curso a la acción de inconstitucionalidad interpuesta por [Nombre 001] (...) para que se declaren inconstitucionales (...) por estimarlas contrarias a los principios de no regresión, progresividad, objetivación, irreductibilidad de los ecosistemas, el derecho a un clima sano y el derecho a un ambiente sano y ecológicamente equilibrado."
Por tanto (considerandos iniciales)
"La legitimación del accionante proviene del artículo 75, párrafo segundo, de la Ley de la Jurisdicción Constitucional, toda vez que acude en defensa del interés difuso a un ambiente sano y ecológicamente equilibrado."
"The petitioner's standing derives from Article 75, second paragraph, of the Constitutional Jurisdiction Law, as he appears in defense of the diffuse interest in a healthy and ecologically balanced environment."
Considerando sobre legitimación
"La legitimación del accionante proviene del artículo 75, párrafo segundo, de la Ley de la Jurisdicción Constitucional, toda vez que acude en defensa del interés difuso a un ambiente sano y ecológicamente equilibrado."
Considerando sobre legitimación
"Esta publicación no suspende la vigencia de la norma en general, sino únicamente su aplicación en los casos y condiciones señaladas."
"This publication does not suspend the validity of the norm in general, but only its application in the cases and conditions indicated."
Parte dispositiva sobre efectos de la admisión
"Esta publicación no suspende la vigencia de la norma en general, sino únicamente su aplicación en los casos y condiciones señaladas."
Parte dispositiva sobre efectos de la admisión
Full documentDocumento completo
250339260007CO* PROCEEDING:
ACTION OF UNCONSTITUTIONALITY PETITIONER:
[Nombre 001] CONSTITUTIONAL CHAMBER OF THE SUPREME COURT OF JUSTICE. San José, at fifteen hours forty-six minutes on the thirteenth of November, two thousand twenty-five.
The action of unconstitutionality filed by [Nombre 001], of legal age, attorney, married once, resident of Palmares, Alajuela, identification card number [Valor 001], is hereby admitted, seeking that the following regulations be declared unconstitutional:
General description of the ecosystems or plant associations present in the project surroundings (Forest, Old secondary growth, Young secondary growth, scrubland, pasture with scattered trees, pasture without trees, crops, abandoned crops in recovery (advanced, young), etc.) R/- The ecosystems or plant associations present in the project surroundings correspond to different types of ecosystems, areas under regeneration and with scattered trees; on the north and northeast side of the AP there are wetlands with mangrove areas and beyond lies the coast; on the north side there are also areas with tourism development and a more urban land use. On the south side lies the Diría biological corridor. Each property is delimited by public roads. 8. Are there in the project AP species of flora and/or fauna under any degree or category of protection? Explain. R/- Only the red turtle (Rhinoclemmys pulcherrima) is in the Vulnerable category, according to IUCN… 10.
If the project requires cutting trees (this refers to trees that are not part of a plantation, or that were not planted by the developer or property owner, and greater than 15 cm DBH), specify the approximate quantity. R/- In the AP it will be necessary to cut approximately 1,650 individuals. The corresponding cutting procedure will be carried out before the local MINAE. 11. Is there any ecosystem that can be classified as fragile in the AP? If so, describe it in detail. R/- Within the AP there are four stream channels; these channels must not be affected by the works, as their protection zone must be maintained. In addition, part of the property is located within the Diría Biological Corridor. Although the project is not located within any protected wilderness area, in some of the direct influence areas there are wetlands that must be kept without alterations; wetlands are protected ecosystems under the Ley Orgánica del Ambiente No. 7554.
Furthermore, both the direct influence area and the indirect influence area of the project are located within the Zona Marítimo Terrestre, so necessary mitigation measures must be taken…” As this authority can read, the ICT has indeed granted concessions in sites that should be considered PNE, located both in the ZMT and outside it, and this is replicated in different concessions of the project and should not be permitted, since they are state-owned properties rich in biodiversity, where turtles nest, there are areas where it is expressly indicated that trees that are PNE will be cut and where the forest is regenerating, or there are biological corridors. Everything related not only contributes to environmental damage to the PNE, but also fragments different ecosystems, since even public roads and perimeter fences in the forests are built, interrupting natural passage and endangering wildlife.
But returning to the issue of the unconstitutional ones, it indicates that for its part the phrase of ordinal 93 of the questioned regulation, which establishes “or do not interfere with it” with the Plan de Desarrollo Integral, is one that establishes an indeterminate concept and this is extremely dangerous in environmental matters, since it can open thresholds that generate violations of constitutional numerals 50 and 89 in sites that are environmentally fragile due to being in the ZMT and for this reason it expressly requests that the unconstitutionality also be upheld and that phrase be eliminated and in this case that it be removed from the legal order in application of the precautionary criterion. Now, the claimant adds that even the Plan de Desarrollo Integral itself can open obscure spaces contrary to environmental protection and see that there is also a declaration of national convenience in force that covers the entire enclave, or project, by means of which the ICT can authorize, or influence, or motivate, that cuttings be made within the PNE, hence it is necessary that the unconstitutionality be decreed.
Sixth section: Even note that regulation 74 of the LZMT provided in its final part, that the Poder Ejecutivo may regulate said regulation, BUT only after prior consultation with that Institute, that is, here an abusive privilege is observed and in part, note the super power that the ICT has so that things are “administered” at its entire convenience, discretion and taste, and this may be contrary to the protection of PNE. In the claimant's opinion, it is manifest that the power/duty of regulation of the Ejecutivo under the LZMT is diminished, since the legislators gave a right to dispose even beyond the ZMT, so that the ICT would have the authority to draft, organize and order the Ejecutivo what it desired, in order to have its own regulations, for ALL THE TOURISM DEVELOPMENT OF THE PROJECT, thereby violating the principle of progressivity and transparency. On the other hand, while the Poder Ejecutivo is the one that issues the regulations, what would be unconstitutional is that it be mandatory to “consult” specifically beforehand with the ICT, as if what this Institute provided were binding, which is the clear idea.
That is, probably the procedure is that the ICT makes the regulation and passes it to the Poder Ejecutivo, so that the latter publishes it. Even, as has been noted in practice, the SINAC, the ICT or the SETENA, have normalized granting permits for cuttings on lands that are PNE. The foregoing shows that an office in charge of tourism would have broad and overflowing power, which even breaks with the division of powers in Costa Rica, since it assumes a kind of “joint” competence with the Ejecutivo to regulate norms with environmental effects. And it is that, to better appreciate what it indicates, one must weigh together this provision of the LZMT, with the rest of the questioned norms, so that it can be seen that the ICT has powers to govern in an area, as if it were a fiefdom, an aspect that violates the principle of transparency, that of reasonableness and that of proportionality. For what has been said, it requests that this final part of regulation 74 of the LZMT be declared unconstitutional so that the DUTY to consult the ICT PREVIOUSLY on any regulation that is to be issued be eliminated, as if the ICT were the superior or at least equal to the Poder Ejecutivo.
Seventh section: concluding: On the aspects noted above and in protection of the ecosystems mentioned, it is requested that both regulation 74, and the extension provided for in 1, in the final part of the Law that Declares of Public Utility the Proyecto Turístico Golfo Papagayo and the questioned Reglamento de la LZMT be declared unconstitutional and also non-conventional, insofar as they created a threshold that removes from the administration of MINAE and SINAC, the administration of the wetlands, forests and mangroves located in the strip defined by the aforementioned regulation 74, extended to the provisions of regulation 1 of Law No. 6370. Or failing that, at least it is requested that an interpretive vote be issued, stating that the sites that are PNE within the ZMT in the geographical areas described in regulation 74 initially and extended in numeral 1 thereof are excluded from the administration of the ICT.
Regarding regulatory norm 93 of the Decreto Ejecutivo 7841-P, it is requested that it be decreed that it is unconstitutional for the ICT to have the administration of the entire ZMT strip and that an interpretive criterion at least be issued, stating that said administration shall not encompass sites that are PNE. Regarding the ICT's power to grant concessions, it must be provided that the concessions that were issued and those issued in the future, or where extensions are issued, may not encompass sites that are PNE and it is requested that it be provided that establishing the Plan de Desarrollo Integral as the sole limits to the concessions would be fine and in accordance with the Constitution, but the phrase that states “or that do not interfere with it” is a completely indeterminate and abusive numerus apertus concept that could generate environmental damage that must be eliminated from the legal order as unconstitutional.
The claimant insists that the final part of regulation 74 of the LZMT, which states that the Poder Ejecutivo must consult the ICT for the regulations of the entire tourism development project, must be removed from our legal order and must be declared unconstitutional, because it limits and to a certain extent coerces the actions of the Poder Ejecutivo and this is not logical, nor, as noted, is it proportional, nor close to the principle of reasonableness. It requests that it be weighed that, via a legal-rank norm, in the LZMT, limitations are established on the regulatory power, just as constitutional norm 140 paragraph 3 indicates. Note also that the drafting of regulation 74 was clearly open and abusive when it was provided: “The regulation that will govern that development shall be formulated by the Poder Ejecutivo, after prior consultation with that Institute.” (The highlighting is by the claimant).
See that it is not just that the Ejecutivo can regulate regulation 74, but that the legislators abusively granted the right/power so that the ICT has to be consulted practically on everything that is to be regulated within and outside the ZMT, since the phrase states that this obligation covers not only what is related to the coastal part, but the “…Proyecto de Desarrollo Integral de la Bahía Culebra…”. In the above it is manifest that there is an abuse, since the complete development transcends the ZMT and for this reason that phrase “that development” is unconstitutional or at least it should be interpreted that when saying this it refers only to the coastal part and has no connection with sites that are PNE. SECOND: Law No. 6758 of 04/06/1982, which Regulates the Execution of the Proyecto Turístico de Papagayo, states in what is questioned as unconstitutional and non-conventional: “Article 2.-In the area destined for the development of this project, only the works provided for in the Master Plan, approved by the Instituto Costarricense de Turismo, and all those works consistent with it, shall be carried out, in accordance with the provisions of this law and in accordance with the technical standards that this Institute issues to that effect.” (The highlighting is by the claimant) “Article 12.-The Board of Directors of the Instituto Costarricense de Turismo may grant concessions over the use of the project lands in the zone destined for it, in accordance with the terms and conditions that the Institute establishes to that effect, and in accordance with the provisions of Article 1073 of the Ley de la Administración Financiera de la República.” (The highlighting is by the claimant).
The claimant states that, in what is provided in regulation 2, it is generally extracted that the criterion that the ICT will be the entity that will arrange what is opportune in the administration, both in the ZMT and outside it, is maintained. Even, it leaves the ICT as the sole entity that is authorized to issue technical standards, where of course, as no restrictions are indicated, we have that this extremely broad generalization includes the power to regulate forests, wetlands, mangroves, biological corridors, aspects linked to a healthy climate, such as carbon fixation and the landscape, etc. In the foregoing, unconstitutionality and non-conventionality are observed, since it sets aside the technical criteria and linked safeguards provided in norms such as the Ley Forestal, regarding the PNE, or the items provided in the Paris Agreement, or the Convention on Biological Diversity related to article 7 also of the Constitución Política, which, as is clear, show that the expertise of offices that do have direct environmental competences provided in the different norms is required, just as set forth in the first point.
For this reason, numeral 2 would be vitiated with unconstitutionality and non-conventionality and it is so requested that it be declared, since the environmental technical standards should only be issued by the specialized technical offices. For its part, regulation 12 of this Law No. 6758, also has the same vices insofar as the legislators provided the possibility of granting concessions, no longer only in the ZMT as established in the first point of this filing, but rather it is now also extended to granting concessions in all the expropriated areas that are in the absolute hands of the ICT, which include PNE and even biological corridors. It indicates that, in reality, with the documentation that it cites for videndi purposes, the ICT has collaborated in deregulating the criterion of PNE and this should not be permitted, since with this power of administration it has allowed, by action, or by omission, cuttings and impacts that fragment biological corridors, among other things.
The claimant alleges that it is probable that the ICT upon answering this action will indicate that in the notarial instruments when all the properties were acquired, they were described as being pasturelands in nature, but it turns out that more than 30 years later, that is, in this 2025, what exists in many sites are lands with forests, wetlands and even mangroves that have grown through natural regeneration of the forest, or because the cadastral nature was badly cited since the surveyors had no idea what a tropical dry forest and its structures were, but the reality is that by this year, there are many sites with forest cover (cobertura boscosa), or they are lands of forest vocation that would be PNE, belonging to the State and in that regard, they should not be granted in concession, since it is MINAE and SINAC that must have the absolute administration and in that regard and since the questioned norms did not foresee the PNE, it warrants that, based on the in dubio pro natura principle and the principle of lifetime tenure (irreductibilidad) of ecosystems, those remnants of tropical dry forests be protected and that regulations 2 and 12 be declared unconstitutional.
Highlights that the biological report previously cited for videndi purposes, the professional indicated that there remained mangrove remnants in the protection areas, but as one can imagine, those few specimens are the living example that what existed on the site was a mangrove, but through anthropic action that vegetation has been eliminated unconstitutionally, since they are sites that are PNE. It recalls the need to apply the principle of lifetime tenure (irreductibilidad) of ecosystems by the authorities and this must be complemented with the aforementioned regulation 7 of the Decreto Ejecutivo No. 22550-MIRENEM, which provides that those areas that have been stripped of mangrove shall maintain their condition as such and that there must be an ecosystemic recomposition. But how could there be that recomposition if the ICT has granted concessions to businesspeople to build hotels or condominiums or shopping centers?
Because of aspects like this, it insists that one must weigh that the enclave created by exception has brought about a significant elimination of biodiversity and of PNE for Costa Rica. It does not set aside that biological corridors on state lands should be preserved, but here it seems these sites where life flows are viewed as if we were not talking about works to be built within public domain assets where due respect should not be given and it is possible that the Diría biological corridor is being fragmented by the lack of vision and of weighing what the PNE is. Again, and merely, for videndi purposes, it requests to observe the official communication SETENA-SG-0646-2025 of May 20, 2025, in ANNEX III, where there is information on several areas granted in concession within the Proyecto Turístico Golfo de Papagayo, where the forest cover (cobertura boscosa) that is being maintained in favor of concessionaires who seek to eliminate it under unconstitutional enabling acts of SINAC or MINAE is acknowledged.
As this Authority will be able to observe, there are concessions within the Proyecto Turístico Papagayo with significant forest cover (cobertura boscosa), that is, PNE, but because the ICT is the administrator and the one that approves the concessions for the projects, they would be building, as has been pointed out, on the forest areas, hotels, tennis courts, etc. and everything moves forward forgetting that on state lands, where a forest exists or existed, it is not viable to grant concessions or approve land-use changes (cambio de uso del suelo), but the administrators move forward, generating by action, or omission, serious damage from the perspective of wildlife, ecosystems and rights such as the right to a healthy climate and the right to a healthy and ecologically balanced environment, which makes the declaration of unconstitutionality and non-conventionality necessary, since the most basic principle of lifetime tenure (irreductibilidad) of ecosystems is being affected under the banner of the constitution and consolidation of a mega-hotel tourism hub.
And staying within the Planet's limits is a matter of long-term survival; recognizing the legally binding nature of respect for the planetary boundaries that maintain the Earth within the "safe operating space" is a matter of short-term justice and for this reason this avenue is resorted to in order to try to bring environmental sanity to the questioned norms. The claimant recalls that worldwide we have begun a stage where instead of talking about global warming, the words have already changed and it is stated that we are entering global boiling, therefore we must advance and from civil society, you are asked as operators of environmental/climate justice, to observe what is happening throughout the globe where we have exceeded six of the nine planetary boundaries. It must be known that in the recent judgment of the Pueblo Indígena U”wa y sus Miembros vs. Colombia, of July 4, 2024, the Inter-American Court considered regarding the issue the following: “States must take into account the ‘triple planetary crisis’ in fulfilling their obligations to respect and guarantee the right to a healthy environment.
The triple planetary crisis describes the interconnection and combined effects of three global threats: environmental pollution, biodiversity loss, and the climate crisis derived from the exploitation and use of fossil fuels and methane emissions. In this regard, the United Nations Environment Assembly of the United Nations Environment Programme (UNEP) has pointed out that this combined crisis represents a critical danger to life on Earth, requiring urgent and coordinated global action to combat its effects. The United Nations Framework Convention on Climate Change (UNFCCC) also highlights the existential nature of this threat, emphasizing that the devastating consequences of these interrelated crises affect the health of the planet and all its life forms. Therefore, the Court warns that the triple planetary crisis is a complex and multifaceted challenge that requires an integrated and urgent response to ensure the sustainability of the planet and the well-being of its inhabitants.” It is not intended that this Chamber evaluate technical evidence, nor that it determine what is, or is not forest, but it is requested that it declare that it is essential that a criterion be issued to introduce the environmental variable into the questioned enclave, which has been placed under the absolute administration of the ICT.
It must be seen that the system of exception created in different regulatory bodies cannot admit in this century, thresholds where the PNE changes its land use to become tourist places with houses, hotels, condominiums or golf courses, etc. Forests and biological corridors must be protected and it would be a violation of constitutional norm 50 to provide that sites that have these natural ecosystems be transformed into real estate that fragment fragile ecosystems and interrupt vital cycles. The erroneous criteria of the legislators of the last century or of this one, cannot prevail and override the principle of progressivity, so that the forest land use is eliminated and relevance is given to the tourist or urban land use and in that regard, it is requested to order what is rational and applicable with the enclave, or tourist hub, which is solely under the domain of the ICT, to give way to criteria linked to the protection of land, forests, wetlands, mangroves and wildlife, or climate, as would be expected in the ecocentric paradigm shift that must prevail in a social and environmental state of law.
Note that it is not about changing what operates today, which may have been developed on sites where only pasture existed, but yes it is requested that it be provided that there are exceptions and that the criterion provided in the Ley Forestal concerning forest, or what is considered as a wetland contemplated in the Ley Orgánica del Ambiente or the regulatory norm that protects mangroves, for example, be respected and the ICT be excluded from that power of exception given generically in the laws and regulations that are questioned. It is requested that it be provided that it is unconstitutional, as well as non-conventional, for there to be concessions on sites that are PNE, biological corridors, or where mangroves existed and that it be provided that the ICT may not grant concessions, nor administer sites with PNE, nor may it grant extensions in places that are of that protective nature for the planet.
It is pleaded that at least regulations 2 and 12 here questioned be interpreted so as to provide that the ICT cannot grant concessions on sites with PNE or biological corridors and that if this exists, it must be reviewed by the Procuraduría General de la República for it to consider what is opportune to proceed. Even, it urges this Chamber to order what is opportune and weigh or grade the manner of acting in sites with PNE or with mangrove or biological corridors that have been eliminated or fragmented and that have been granted in concession. THIRD: The Decreto Ejecutivo No. 33132-MP-T of February 9, two thousand five, published in La Gaceta No. 97 of May 22, 2006, which is a decree of national convenience, for the development and execution of the Proyecto Turístico Golfo de Papagayo, establishes: “The President of the Republic, the Minister of the Presidency and the Minister of Tourism, In use of the powers established in article 140, paragraphs 3) and 18) of the Constitución Política, articles 25, 27 paragraph 1) of the Ley General de la Administración Pública, No. 6227 of May 2, 1978 and article 1 of Law No. 6370 of September 3, 1979, Law that declares of Public Utility the Proyecto Turístico del Golfo de Papagayo.
Considering: 1º-That tourism activity has become the main source of foreign exchange for the country and an important source of employment for Costa Ricans. 2º-That by article 1 of Law No. 6370 of September 3, 1979, the lands necessary for the realization and execution of the Tourism Project in Bahía Culebra, located in the Province of Guanacaste, now known as Proyecto Turístico Golfo de Papagayo, under the administration of the Instituto Costarricense de Turismo, were declared of public utility. 3º-That said Project has become the main tourism development hub of all Central America. 4º-That the Procuraduría General de la República has emphasized through opinion C-210-2002, that by Law the land use in said project is tourism, prevailing over any other type of use. 5º-That the guidelines established in the Master Plan of the Proyecto Turístico Golfo de Papagayo, make it a model of sustainable tourism development, by establishing a duly planned development, under state administration and supervision, which incorporates environmental variables, low densities and coverages, adequate treatment of wastewater, etc. 6º-That it is in the interest of the Government of the Republic to support the efforts made by the Instituto Costarricense de Turismo to promote the development of the Proyecto Turístico Golfo de Papagayo, as a model of sustainable tourism development at the international level.
Therefore, THEY DECREE: Article 1º-To declare of national convenience, the development and execution of the Proyecto Turístico Golfo de Papagayo, under the administration of the Instituto Costarricense de Turismo located in the cantons of Liberia and Carrillo in the Province of Guanacaste. Article 2º-For the optimal development of this Project, all government agencies, ministries and public institutions are urged to provide all help and collaboration to it, within the framework of their material possibilities and the scope of their respective competences. Article 3º-Rules as from its publication…”. The claimant states that decrees of national convenience clearly establish exceptions to the prohibition on cutting forests located on private properties, according to regulation 19 paragraph b) of the Ley Forestal, which is located in Title III. On private forest property. Chapter I. Forest management.
This decree of national convenience has multiple inconsistencies that confront the Constitución Política. To begin with, it is generic and not even a mention of any georeference is seen in its considerandos, nor of how a balance was made between the economic, the social and the environmental and in that alone, a violation of the principle of objectification is evidenced, since it does not even mention an environmental impact assessment (evaluación de impacto ambiental, EIA) file on the general project, or a strategic environmental assessment (evaluación ambiental estratégica, EAE) that should have provided support for the declaration. That is to say, that for the issuance of the decree of national convenience, not even the three signing ministers followed a scientific criterion to have managed that environmental enabling act of such magnitude and this leads it to affirm that mere discretion operated and therefore there is an unconstitutionality.
It indicates that it is not a matter for this Chamber to see or analyze technical evidence, the issue is that there is no evidence at all and for this reason the violation of the principle of scientific protection is alleged. Specifically, the principle of objectification is meridianly clear in constitutional votes numbers 2005-14293, 2006-17126 and 2009-2009 and in them the following paragraph has been repeatedly cited: “On the objectification of environmental protection: which, just as this Court stated in judgment number 14293-2005, at fourteen fifty-two hours of October nineteen, two thousand five, is a principle that in no way can be confused with the former [referring to the precautionary principle], insofar as, derived from the provisions of articles 16 and 160 of the Ley General de la Administración Pública, it translates into the need to accredit decision-making in this matter with technical studies, both in relation to acts and with provisions of a general nature –both legal and regulatory–, from which the requirement of ‘linkage to science and technique’ is derived, with which, the discretion of the Administration in this matter is conditioned.
So that in attention to the results derived from those technical studies –such as environmental impact studies–, if an objective technical criterion is evidenced that denotes the probability of evident damage to the environment, natural resources, or people's health, it becomes obligatory to reject the proposed project, work or activity; and in case of a ‘reasonable doubt’ it becomes obligatory to make decisions in favor of the environment (pro-natura principle), which may translate into the adoption of both compensatory and precautionary measures, in order to adequately protect the environment.” Along the same lines, it has also been provided: “… the principle of the prohibition of arbitrariness requires that decisions that impact the environment be duly supported by technical and scientific criteria…” (see resolutions No. 634-2021 and No. 21308-2020). For what has been said, it requests that the unconstitutionality be upheld since there is a lack of technical and scientific criteria for the declaration of national convenience.
On the other hand, the claimant considers that it is manifestly evident in that decree that it would allow clear-cutting of the forests existing within properties that belong to the State, but curiously the minister of MINAE never participated, an aspect that was central, due to the existing environmental implications in the area of the Golfo Papagayo tourism project and because declarations of this nature are provided for in the Ley Forestal. But in any case, it is worth saying that said decree of national convenience should not have sufficient legal, constitutional, much less conventional force to change or authorize a cutting of forest within a site that is PNE or where there are biological corridors such as the Diriá, since those authorizations of national convenience apply, in accordance with regulation 19 of the Ley Forestal, only to lands with forest under private property, but the lands where the Golfo de Papagayo tourism project is located are public domain assets, where regulation 13 of the Ley Forestal, which is linked to constitutional numeral 50, considers the forests existing there as PNE and therefore it is totally anti-juridical to accept a land-use change (cambio de uso del suelo), but they have been occurring, as it considers it has proven with official documents.
That is to say, the ICT as administrator of the properties located within the project would not have the possibility, nor the capacity to suggest, much less motivate a land-use change (cambio de uso del suelo), since as has been said, those properties are public domain lands and the forests, wetlands, biological corridors and mangroves existing there in this 2025 must be protected and there should be processes underway for ecosystemic restoration, since those areas are PNE.
Stated differently, it would not only be unconstitutional to grant those sites with forest ecosystems in concession, but it would also be unconstitutional to rely on the declaration of national convenience (declaratoria de conveniencia nacional) to justify, or to insinuate the elimination of even a single tree from a forest, and even less would there be an option to make management plans or anything of the sort, and it is so requested to be declared, since all of this contravenes Articles 13 and 18 of the Forest Law (Ley Forestal), which would be linked by connection with Article 50 of the Constitution and the principle of lifetime tenure (irreductibilidad) of ecosystems that was developed and grounded above. This Chamber has indicated: “…the obligation of the State to fulfill the constitutional purposes set forth in Article 50 of the Constitution, because evidently, as the doctrine of this Chamber has repeatedly pointed out, the right to a healthy and ecologically balanced environment radiates throughout the entire legal system, vertically and horizontally, so that it is not possible to conceive that its entities and organs depart from the finalistic content of environmental law, which is the protection and conservation of the environment…” (Voto n.º 21258 – 2010, date of the resolution: 22 December 2010 at 2:00 p.m.).
For the foregoing, he requests that the entire decree of national convenience be declared unconstitutional, since, even if the case studies existed, or if it had been signed by the presidency and the minister of MINAE, it would be constitutionally valid, because these are lands where the existing forests are indisputably PNE. To come to accept that the ICT can make environmental decisions affecting forest cover (cobertura boscosa), or biodiversity, implies denaturing the public environmental interest established by Article 11 of the Biodiversity Law (Ley de la Biodiversidad). Even the land-use change (cambio de uso del suelo) also entails the affectation of wildlife as regulated by Article 9, subsections 1) and 2) of the cited Biodiversity Law, since our legislators gave a high value to life in all its forms, regardless of economic value, current or potential. Said articles would be related by connection with Articles 48, 50, and 89 of the Constitution.
The principle of lifetime tenure (irreductibilidad) of ecosystems even establishes, rather, a state duty to recover forests damaged by anthropic or natural causes, and to that extent, it would be entirely nonsensical to think that the ICT can authorize, and even less motivate, changing the land use, so that streets, hotels, villas, shopping centers, or condominiums are built on lands that are PNE, as is already the case with the concessions granted. In recent vote n.° 2024003959 of 16 February 2024, they have set forth from this Chamber: “For its part, the in dubio pro natura principle means, according to the ‘World Declaration of the International Union for Conservation of Nature (IUCN) on the Rule of Law in Environmental Matters,’ that ‘in case of doubt, all proceedings before courts, administrative bodies, and other decision-makers shall be resolved in a way that favors the protection and conservation of the environment, giving preference to the least harmful alternatives.
Actions shall not be undertaken when their potential adverse effects are disproportionate or excessive in relation to the benefits derived from them’ (see principle V). In this sense, according to the document ‘95 Environmental Legal Principles for an Ecologically Sustainable Development’ (approved at the XIX Edition of the Ibero-American Judicial Summit-2018 and by the Full Court in Article XIX of session no. 28-2020 of 25 May 2020), ‘Every operator of environmental norms must always keep in mind the pro natura principle, according to which risks shall be avoided, general collective interests shall be privileged over particular ones, the preservation of the environment shall be favored, and in case of doubt, the interpretation that most broadly protects the environment shall be preferred.’ The in dubio pro natura principle, then, does not depend on there being a danger of serious or irreversible harm—as occurs with the precautionary principle—but rather implies a ‘general rule of conduct, for the relationship of the State—and society in general—with the environment, applicable to all areas of decisions in which there is a risk of affectation to the environment, and which obliges us to avoid opting for those conducts that may cause harm to the environment, when other options exist’ (Olivares and Lucero, 2018).” (highlighted by the petitioner).
In fact, also in the jurisprudence of the Constitutional Chamber, it is stated in the unconstitutionality vote n.° 2013012973 regarding the regulatory plan of the beaches of Nombre de Jesús and Zapotillal on the PNE: “The state natural heritage (patrimonio natural del estado) is a public domain asset whose conservation and administration are entrusted, by law, to the Ministry of Environment and Energy, through the National System of Conservation Areas (Ley Forestal, arts. 6 subs. a and 13 para. 2°, and 14; Ley Orgánica del Ambiente, Article 32, para. 2°). It is composed of two important components: a) The Protected Wild Areas, whatever their management category, declared by Law or Executive Decree: forest reserves, protective zones, national parks, biological reserves, national wildlife refuges, wetlands, and natural monuments (Ley Forestal 7575, arts. 1°, para. 2°, 3° subsection i; Ley Orgánica del Ambiente 7554, Article 32; Ley de Biodiversidad N° 7788, arts. 22 et seq. and 58; Ley del Servicio de Parques Nacionales N° 6084, Article 3° subs. d and f, in relation to the Ley Orgánica del MINAE N° 7152 and its Regulations; Ley de Conservación de la Vida Silvestre N° 7317, Article 82, subsection a). b) The other forests and forested or forest-apt lands of the State and public institutions (Article 13 of the Ley Forestal), which have an immediate legal affectation…” In Advisory Opinion OC 32/25 of the Inter-American Court of Human Rights, it is established: “107…
The loss of biodiversity is accelerated due to factors such as pollution, ecosystem fragmentation, overexploitation, and the effects of Climate Change… 273. This Court reiterates, likewise, that the right to a healthy environment as an autonomous right protects the components of the environment, such as forests, rivers, seas, and others, as legal interests in themselves, even in the absence of certainty or evidence about the risk to individual persons. It is about protecting nature not only because of the effects that its degradation could cause on other rights of persons, but because of its vital interdependence with the other organisms that make life on the planet possible…” (Highlighted by the petitioner). For the foregoing, he prays to weigh what has been set forth, where that odious abusive competence to order land-use changes (cambios de uso del suelo) within the Proyecto Turístico Golfo de Papagayo must be removed from the national legal system to avoid the harmful effects of climate change.
Costa Rica cannot afford the luxury of losing forest ecosystems (ecosistemas boscosos) simply to favor tourism entrepreneurs who wish to build their hotels and condominiums, and it is so requested to be declared. Consider that the Paris Agreement (Ley n.° 9405), in Articles 4.2 and 7.2.2, establishes that each State must take measures to mitigate climate change, since adaptation is a global challenge that concerns all persons, States, and companies, and the foregoing means that forests must be protected, and from that perspective, it would be unconventional to maintain in force that competence of the ICT to authorize land-use changes (cambios de usos del suelo) in forests located on public domain lands. And, if there were any doubt about the normative basis of this declaration of national convenience (declaratoria de conveniencia nacional), for the sake of the record, let it be known that the ICT, when giving the report in the unconstitutionality action contained in the cited expediente n.° 25-024408-0007-CO, stated the following: “The declaration of national convenience (declaratoria de conveniencia nacional) of the project (Decreto Ejecutivo N.° 33132 of 2005) further reinforces its position within state public policies, considering it as a priority for economic development, employment generation, and the attraction of direct foreign investment.
This declaration is based on the Ley Forestal N.° 7575, Article 3, which defines activities of national convenience as those whose social benefit outweighs the environmental cost, a condition that must be demonstrated through the corresponding technical instruments…” (Highlighted by the petitioner). Now, taking the foregoing into account, he considers that the purpose of land-use change (cambio de uso del suelo) would be something accepted by the ICT, given that it would be foreseen as an acquired right that exists in the tourism project, since it is indicated, without a doubt, that the declaration is born under the umbrella of the Ley Forestal. But as set forth above, it should not operate in sites that are PNE. He highlights in the cited paragraph the merely economic relevance and attraction of investors to the project, which leaves aside the environmental axis within the equation of sustainable development; for this reason, he reiterates what was set forth above that the sustainable development used by the ICT is merely a slogan to sell and promote a project that environmentally has left Costa Rica with a great disappointment.
Finally, as highlighted in the corresponding cited official communication, it is a true fact that SINAC is granting permits for tree felling precisely supported by this unconstitutional declaration of national convenience (declaratoria de conveniencia nacional), and for that reason he insists that this decree must be removed from the legal system as soon as possible. FOURTH: The petitioner challenges from Regulation n.° 4572 of 10/07/1995, called "Plan Maestro General del Proyecto Turístico Golfo de Papagayo," the following norms: “Article 5. The concessionaires of the Tourism Hub must respect the following specific guidelines for the design and construction of their tourism project: 5.1 On the design and construction of tourism projects… i) Limit of twenty average rooms per hectare: Without prejudice to the specific considerations that the Executing Office must make for a particular development project, according to its magnitude and topographical location, only twenty rooms on average may be built per hectare of conceded land, regardless of whether the development involves lodging or residential housing units.
Compliance with this principle must be monitored by the Executing Office, even in cases where the project design involves a concentration of rooms in few buildings. j) Surface occupation coefficient: A surface occupation coefficient of no more than 30% (thirty percent) maximum of the total originally conceded area must be maintained, to which the designs of the proposed tourism projects must adjust.” (Highlighted by the petitioner). The petitioner states that, in the aforementioned Articles 5.1 subsections i) and j), numerical parameters are established that have no justification within science and technique, and those established percentages violate the principle of objectivization, or scientific tutelage, contemplated in the votes of this same Chamber, cited above, n.° 2005-14293, 2006-17126, and 2009-2009, and the principle of prohibition of arbitrariness, also cited above, contemplated in the resolutions of this Chamber n.° 634-2021 and No. 21308-2020.
The petitioner states that there did not exist, nor does there exist, any foundation within science and technique that establishes a justification of any kind, leading to the conclusion that 20 rooms per hectare (without determining square meter areas of construction) as a maximum limit have a study that determines that this measure is the appropriate thing to build in sites with PNE. No environmental safeguards were established regarding the block impact of 20 rooms per hectare, and even less was the cumulative effect of all of this considered, in the entire project, in the tourism attraction hub of Papagayo, and that deficiency is a vice of constitutionality. In Advisory Opinion 23/17 of the Inter-American Court of Human Rights, it was stated: “165. The Court has indicated that the environmental impact assessment (estudio de impacto ambiental) must encompass the cumulative impact generated by existing projects and that which will be generated by proposed projects…
Likewise, the impact caused by other existing projects must be taken into account. This analysis allows concluding in a more accurate manner whether the individual and cumulative effects of existing and future activities imply a risk of significant harm.” (Highlighted by the petitioner). Based on the foregoing indicated by the Inter-American Court of Human Rights, we have that the construct of cumulative effects must be understood as one of the minimum inter-American standards in any assessment, and this was never assessed, because as he has indicated, there were no studies to quantify and measure the impact of 20 rooms per hectare in each and every one of the concessions, and therefore, said parameter imposed at the ICT's discretion has a vice of constitutionality. In the petitioner's view, that factor of 20 rooms, without a number of square meters of construction, today violates the in dubio pro natura principle and the principle of lifetime tenure (irreductibilidad) of ecosystems, since the project is immersed in forested sites, which, as he has indicated, are PNE, where the cumulative effect has not been weighed as a whole, and if this is a mega-tourism project, as can be seen from the issuance of Article 74 of the LZMT, going through the decree of national convenience and up to what is contemplated in the Regulation of the Plan Maestro General del Proyecto Turístico Golfo de Papagayo, it is more than manifest that all of this should have been environmentally assessed as a whole beforehand, in application of the preventive and precautionary criteria, and since this has not occurred, he sees the transgression of the principle of scientific tutelage and requests the declaration of unconstitutionality.
To date, the only thing that is clear is that the Executive Power set a parameter, by discretionary criterion of the ICT, in the TOTAL geographic space of the Golfo de Papagayo tourism development project, and this must be declared contrary to Articles 50 and 89 of the Constitution and the indicated principles. Also, with that criterion of 20 rooms, it must be considered that it is one that can be considered indeterminate, which violates Article 8 of the Convention on Biological Diversity that stipulates the duty of States Parties to manage resources “important for the conservation of biological diversity, whether within or outside protected areas, to guarantee their conservation,” as well as the duty to promote “the protection of ecosystems and natural habitats and the maintenance of viable populations of species in natural environments.” He recalls again, Article 7 of the Decreto Ejecutivo n.° 22550-MIRENEM provides that those areas that have been deprived of mangroves will maintain their condition as such; therefore, the ICT should rather be managing the restoration of damaged or eliminated ecosystems, if it were a good administrator of sites that have PNE, but as is clear, they only promote construction on forested areas.
For his part, under the same criteria of unconstitutionality and unconventionality, he maintains that Article 5.1 subsection j) also presents a criterion permeated by discretion that is extremely dangerous. The petitioner considers that by providing, without technical grounds, that a “surface occupation coefficient of no more than 30% (thirty percent) maximum of the total originally conceded area” was environmentally innocuous, has no support whatsoever. And the cumulative effect of all of this, in the entire project, in the sum of all the concessions, is something that exposes us to the risks of irreversible environmental damage to forest ecosystems (ecosistemas boscosos) and biodiversity in a geographic area that is essentially PNE. The petitioner affirms that this Chamber will not find support anywhere that endorses that maximum coefficient of 30 percent occupation and that ensures that it is not negatively impactful, and therefore, it merits removing that factor from our legal system and providing at least that the areas must be calculated for each case, under technical studies and a SEA, and even more so when there is state natural heritage (patrimonio natural del Estado) involved in its surroundings.
And, according to constitutional jurisprudence and what has been developed regarding the principle of lifetime tenure (irreductibilidad) of ecosystems and the prohibition of land-use change (cambio de uso del suelo) on forest lands owned by the State, everything leans toward being categorical and emphatic, and if we have that there even exists a decree of national convenience that permits tree felling, we see the danger of maintaining those criteria of 20 rooms per hectare and the 30 percent occupation coefficient, because truly all of those numerical parameters are far from establishing environmental safeguards in sites with PNE. To date, the damages to the vital cycles in the ecosystems intervened by provisions such as those challenged here are unknown. That is to say, there is not even room for the argument that it is better to have those parameters of 20 rooms per hectare, or the 30 percent occupation coefficient, because we are talking about factors operating in places where no anthropic interventions are permissible that involve eliminating understory, or forests, or building roads that fragment habitats, and he so requests.
Now, he asks again: where does that 30% that would permit the concentration of buildings come from? Well then, why could it not have been 15% or 50%? But the point is that, in the absence of scientific foundations, what is regulated and established at 30%, or at 20 rooms without specifications of size or construction area, would be permeated by unconstitutionality for violating the principle of objectivization. To date, 20 rooms of 500 square meters each could be built, that is, single-story rooms, which internally would have their respective divisions such as kitchen, game and television room, garage, individual or matrimonial chambers, swimming pool, etc., which in sum could cover indeterminate areas of sites that are PNE, and as can be seen, this can have great significance due to the indeterminacy. Even, note that 20 rooms of 500 square meters, which could sound like something minor, would in reality cover one hectare, where the environmental and visual impact on the soil resource, landscape, forest, climate, water in a site where PNE exists would be substantial; therefore, this other parameter would be unconstitutional, and he so requests to declare.
FIFTH: The petitioner states that from the LZMT to what is provided in the Regulation of the Plan Maestro General del Proyecto Turístico Golfo de Papagayo, the Executive Power, under the criteria of the ICT, has structured a legal scaffolding for a tourism project to be administered by the Institute, giving priority to economistic criteria, where the environmental variable has been sidelined in violation of norms such as Article 50 or Article 89 of the Constitution. It is astonishing that, within this “structure” or development model, the situations in violation of the principle of the right to a healthy and ecologically balanced environment could have been filtered through, so that the environmental aspect goes unnoticed and loses effectiveness over the years, and where the parameters for the protection of forests or biodiversity were lost both in the ZMT and outside of it, and it is for this reason that it is necessary to challenge jointly the norms he has indicated.
And, by reason of the foregoing, the declaration of unconstitutionality and unconventionality is requested, because he considers that we are clearly before an atypical exception regime that has generated an orchestration of wills where the high commands of the ICT hold the baton so that, as in a symphony, on one side, the Executive Power, SINAC, or MINAE and SETENA do not act as they should in a Social and Environmental State of Law over the years. CLAIMS: Based on the foregoing, the petitioner requests that the action be found with merit and to declare that Article 74 of the Ley de la Zona Marítimo Terrestre, Article 93 of the Reglamento de la Ley de la Zona Marítimo Terrestre, Decreto Ejecutivo 7841-P, Article 1, final paragraph of Ley n.° 6370, called Law Declaring of Public Utility the Proyecto Turístico Golfo Papagayo, Articles 2 and 12 of Ley n.° 6758 that Regulates the Execution of the Proyecto Turístico de Papagayo, Articles 1 and 2 of Decreto Ejecutivo n.° 33132-MP-T, which is the decree of national convenience (decreto de conveniencia nacional), of the development and execution of the Proyecto Turístico Golfo de Papagayo, and Article 5.1 subsections i) and j) of Regulation n.° 4572 of the Instituto Costarricense de Turismo, called "Plan Maestro General del Proyecto Turístico Golfo de Papagayo," contain vices of constitutionality and unconventionality.
He requests that it be said that there is a transversal thread that unites the challenged norms, which allows them to be analyzed in their unconstitutionality, both separately and together. In what has been indicated above, for each challenged norm, he asks the Chamber to measure the effects of how they should be interpreted, and on the other hand, he prays to remove from the legal system what has been requested, because in his view, there are violations of several principles of environmental law and transgressions of Articles 7, 48, 50, and 89 of the Constitution, in addition to various ratified international instruments and several advisory opinions of the Inter-American Court of Human Rights. This action is admitted because it meets the requirements referred to in the Ley de la Jurisdicción Constitucional in its Articles 73 to 79. The petitioner's standing comes from Article 75, second paragraph, of the Ley de la Jurisdicción Constitucional, since he appears in defense of the diffuse interest in a healthy and ecologically balanced environment.
Publish a notice in the Boletín Judicial three consecutive times regarding the filing of the action. Legal effects of the filing of the action: The publication provided for in Article 81 of the Ley de la Jurisdicción Constitucional has the purpose of informing the courts and the bodies that exhaust the administrative channel that the unconstitutionality claim has been filed, so that in the processes or proceedings in which the application of the law, decree, provision, agreement, or resolution is discussed, a final resolution is also not issued while the Chamber has not made a pronouncement on the case. Several rules are extracted from this legal precept. The first, and perhaps the most important, is that the filing of an unconstitutionality action does not suspend the general effectiveness and applicability of the norms. The second is that only the acts of application of the challenged norms by judicial authorities in proceedings brought before them, or by administrative authorities in procedures tending to exhaust the administrative channel, are suspended, but not their general validity and application.
The third rule is that the Chamber can adjust the scope of the suspensive effect of the action. The fourth is that—in principle—in cases of direct action, as occurs in this action, the suspensive effect of the filing does not operate (see vote n.° 537-91 of the Constitutional Court). The fifth rule is that when what is alleged is an unconstitutional omission, it is not appropriate to order any suspension; in other words, to prevent the omitted conduct from being carried out, nor its realization, since this, in the latter case, would imply resolving the unconstitutionality action interlocutorily. That is, the suspension of the application of the challenged norms in administrative proceedings only operates in those cases where there is a process of exhaustion of the administrative channel, which presupposes the filing of an appeal or a motion for reversal against the final act by an administered party.
Where there is no dispute in relation to the application of the norm, the suspension of its effectiveness and applicability is not appropriate. In other words, in all those matters where there is no procedure for exhaustion of the administrative channel, in the terms indicated above, the norm must continue to be applied, regardless of whether it benefits—favorable administrative act—or harms the claimant—unfavorable act not challenged. Within fifteen days following the first publication of the cited notice, those who appear as parties in matters pending as of the filing date of this action, in which the application of what is challenged is discussed, or those with a legitimate interest, may appear in order to assist regarding its appropriateness or inappropriateness, or to expand, if applicable, the grounds of unconstitutionality in relation to the matter of their interest. Let it also be known, that in accordance with Articles 81 and 82 of the Ley de Jurisdicción Constitucional and as repeatedly resolved by the Chamber (resolutions 0536-91, 0537-91, 0554-91, and 0881-91), this publication does not suspend the validity of the norm in general, but only its application in the cases and under the conditions indicated.
The response to the hearing granted in this resolution must be submitted only once, using only one of the following means: physical documentation presented directly at the Secretariat of the Chamber; the fax system; electronic documentation through the ONLINE MANAGEMENT System; or, to the email address [email protected], which is an exclusive email dedicated to receiving reports. In any of the cases, the response and other documents must expressly indicate the expediente number to which they are addressed. The response submitted by electronic means must include the signature of the responsible person who subscribes it, either by digitizing the physical document containing their signature, or by means of digital signature, according to the provisions established in the Ley de Certificados, Firmas Digitales y Documentos Electrónicos, Nº 8454, in order to accredit the authenticity of the filing. It is warned that documents generated electronically or digitized that are submitted through the Online Management System or through the indicated email must not exceed 3 Megabytes. Notify.
Classification prepared by the SALA CONSTITUCIONAL of the Poder Judicial. Its reproduction and/or distribution in an onerous form is prohibited.
It is a faithful copy of the original - Taken from Nexus.PJ on: 19-02-2026 11:16:31.
Sentencia con datos protegidos, de conformidad con la normativa vigente Contenido de Interés:
Tipo de contenido: Voto de mayoría Rama del Derecho: 5. ACCIONES CURSADAS Tema: AMBIENTE Subtemas:
ACCIÓN PENDIENTE.
AMBIENTE. SOBRE EL PROYECTO TURÍSTICO DEL GOLFO DE PAPAGAYO Sentencia: Pendiente Tipo de asunto: Acción de inconstitucionalidad Norma impugnada: 1) el numeral 74 de la Ley de la Zona Marítimo Terrestre, Ley n.° 6043 del 02/03/77; 2) el ordinal 93 del Reglamento de la Ley de la Zona Marítimo Terrestre, Decreto Ejecutivo n.° 7841-P, del 16/11/77, que es el reglamento a la Ley n.° 6043, que reglamenta la norma 74 de la ley; 3) el artículo 1, párrafo final, de la Ley n.° 6370, que se denomina Ley que Declara de Utilidad Pública el Proyecto Turístico Golfo Papagayo, del 20/08/79; 4) los ordinales 2 y 12 de la Ley n.° 6758 del 04/06/1982, que Regula la Ejecución del Proyecto Turístico de Papagayo; 5) los artículos 1 y 2 del Decreto Ejecutivo n.° 33132-MP-T del 9 de febrero de 2005, publicado en La Gaceta n.° 97 del 22 de mayo de 2006, que es decreto de conveniencia nacional, del desarrollo y ejecución del Proyecto Turístico Golfo de Papagayo; y, 6) el ordinal 5.1 incisos i) y j) del Reglamento n.° 4572 del 10/07/1995 del Instituto Costarricense de Turismo, denominado "Plan Maestro General del Proyecto Turístico Golfo de Papagayo". CO11/25 ... Ver más *250339260007CO* ACCIÓN DE INCONSTITUCIONALIDAD [Nombre 001] SALA CONSTITUCIONAL DE LA CORTE SUPREMA DE JUSTICIA. San José, a las quince horas cuarenta y seis minutos del trece de noviembre de dos mil veinticinco.
Se da curso a la acción de inconstitucionalidad interpuesta por [Nombre 001], mayor, abogado, casado una vez, vecino de Palmares, Alajuela, cédula de identidad [Valor 001], para que se declaren inconstitucionales las siguientes normas:
1) y
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