RESULTANDO:
- 1By means of a filing submitted to the Chamber on December 14, 2025, the petitioner files a recurso de amparo expressly against the Municipalidad de Heredia. He indicates that he is a resident of Dirección01. He states that on September 23, 2025, he reported a situation of pollution he is suffering to the Concejo Municipal de Heredia and, as of the date of filing this recurso de amparo, the problem had not been resolved. He indicates that he specifically reported three types of pollution he suffers from the Comité de Deportes de Heredia, which administers (with the council's approval) the sports complex of Dirección02. The complaint was sent to the email address of the council secretary, Ms. Marcela Benavides Orozco (mbenavides account). He points out that, as he was informed on September 30, 2025, this complaint was forwarded to the Comisión de Gobierno y Administración of the municipality.In the complaint, he argued that, as a result of the activities carried out in the aforementioned sports complex, light, noise, and dust pollution (earth generated by garden machinery) is generated. He explains that excessive illumination is produced by the lighting posts of the square, which, in turn, irregularly and abusively illuminate his property and do not allow them to rest at night. Regarding noise, he alleges that the entry of people with noisemakers and other artifacts that produce a lot of noise is permitted, both during daytime and nighttime hours. Those people, in turn, shout and vocalize as if they were in a stadium. In addition, he points out that the games extend until 11:00 p.m., which is irregular and disturbing, both due to the noise and light pollution produced. He also alleges that dust pollution is produced, which is generated when workers use the machine to cut the grass (even when there is not enough grass).He alleges that all this dust is deposited in his home and affects his health. He states that on November 11, 2025, he received an email from the council secretary notifying him of that body's agreement (ACUERDO-MH-CM-SCM- 2133-2025), informing him that his complaint had been forwarded to the Mayor, upon the recommendation of the Comisión de Gobierno y Administración. He alleges that, to date, the complaint has not been resolved and they continue to suffer the pollution problems described. He indicates that in 2019 (following complaints filed by him), the Ministerio de Salud issued a closure and suspension of activities order at the sports complex to the administrator of the Comité Cantonal de Deportes y Recreación de Heredia, for having verified the noise pollution produced. He affirms that, therefore, it is clear that the respondent municipality has had full knowledge, since 2019, of the noise pollution problem.Despite this, it has not exercised the expected strict control. He clarifies that he "decided to resort to the municipal avenue because the Comité de Deportes de Heredia was appointed by the Consejo Municipal as administrator of the sports complex, and said committee is hierarchically dependent on the Municipality." He considers his fundamental rights and those of his family to be violated. He requests that the recurso be declared with merit.
- 2By resolution at 09:56 hrs. on December 23, 2025, the proceedings are commenced and reports are requested from the respondent authorities.
- 3By means of a filing submitted to the Chamber on January 13, 2025, Ángela Ileana Aguilar Vargas, in her capacity as Mayor, and José Pablo Quesada Castro, in his capacity as Municipal President, both of the Municipalidad de Heredia, submit a report and expressly state the following: "(...) II. ON THE ACTIONS EXECUTED BY THE MUNICIPALIDAD DE HEREDIA The amparo petitioner recklessly states that there is inertia on the part of the Municipality, which in his opinion violates his rights; however, it is essential to clarify that my represented entity has always been willing to collaborate and coordinate the pertinent actions with the health authorities to address the frequent complaints filed by the amparo petitioner and this case was no exception, since the complaint filed by Mr. Nombre01 in September 2025, and which the Concejo Municipal forwarded to the administration for the corresponding processing, was duly referred to the Ministerio de Salud, as these are matters outside our jurisdiction, on the understanding that a Local Government does not handle or execute noise measurements, nor brightness measurements; see official letter MH-AMH-1052-2025, dated November 18, 2025, copied to the amparo (...) As can be seen, the amparo petitioner's request was forwarded to the competent body regarding the verification of matters related to public health, with even the Reglamento para el control del ruido ambiental, Decreto 44486-S itself expressly delegating the application of said regulations to the Ministerio de Salud in its Article 3: 'Article 3. - The competent authority is understood to be the officials of the Ministerio de Salud.The application of this regulation is the responsibility of the Ministerio de Salud.' Regarding the dust generated by the pruning or cutting of grass, this situation was equally brought to the attention of the Ministerio de Salud; however, it is striking that such a circumstance is reported considering that the soccer field of the Sports Complex dates back to the 1980s and the cutting of grass is a normal, inherent, and necessary activity, and only now does it seem to cause some degree of discomfort to the amparo petitioner. In addition to the above, it is an occasional task that is carried out as the field does not require daily cutting that would represent or evidence a possible impact of the magnitude referred to by the amparo petitioner. It is also important to note that Mr. Nombre01 was informed at all times of the actions executed regarding his complaint, and this is evidenced by the emails we provide as evidence: (...) See that the amparado was notified of official letter MH-AMH-1052-2025 and of the procedure carried out by the Mayor's Office.It is important to indicate that the Ministerio de Salud received the note from the Mayor's Office and even recommended that Mr. Nombre01 file the corresponding complaints for evaluation by the ministry entity. The amparo petitioner indicated that he was not satisfied with the procedure followed; however, we reiterate that this Local Government does not have the jurisdiction to address public health issues such as those raised by the petitioner, hence the referral made. (...) The Mayor's Office clarified to the amparo petitioner that the competent body to address these matters was the Ministerio de Salud (...) The Concejo Municipal was equally informed of the actions taken at the time by the Mayor's Office through official letter MH-AMH-1085-2025, which is attached to the case file as part of the evidence. Having said the above, it is then surprising that the amparo petitioner did not go to the Ministerio de Salud to file the complaints for the circumstances he describes in this recurso de amparo and in which, it is insisted, the Municipality has no participation whatsoever or jurisdiction to carry out the intended measurements that would denote some type of irregularity.III. ON THE ADMINISTRATION OF THE FÁTIMA SPORTS COMPLEX While, and as already stated, the Municipalidad de Heredia does not have the jurisdiction to carry out noise measurements, with that task falling to the Ministerio de Salud, we also do not carry out light measurements, which are conducted using instruments such as lux meters and spectrometers to evaluate the quantity, quality, and distribution of light, crucial in interior lighting, public lighting, and quality control, helping to determine visual comfort and energy efficiency, which are evidently tasks outside the scope of a Local Government. Another aspect to consider for the resolution of this recurso is that the administration of the Fátima Sports Complex is NOT in charge of the Municipality. Indeed, since 2007, these facilities have been granted in administration to the Comité Cantonal de Deportes. In 2007, the property where the sports complex is located belonged to ICODER, which directly granted its administration to the CCDRH.In 2008, the donation of the Sports Complex to this Municipality by ICODER was formalized. Once the Municipality becomes the owner, it grants its administration to the CCDRH, as provided in the Código Municipal, and to date, said body is responsible for maintenance and general administration. In this line of reasoning, through an agreement of the Concejo Municipal adopted in Ordinary Session No. 127-2025, of Monday, October 27, 2025, the loan agreement between the Local Government and the CCDRH was renewed. The objective of said agreement is expressed in clause three: (...) Among the responsibilities of the Committee, we have that clause nine of the current agreement provides the following (...) As can be seen, the Committee is in charge of the full use of the property, without the Municipality intervening in maintenance and improvement matters, which would include the installation of luminaires that allow the use of the sports facilities during nighttime hours.In this regard, the Dirección de Inversión Pública of the Municipality was also consulted on whether the Local Government had any participation in the installation of the lamps for the soccer field that afflicts the amparo petitioner, and we were informed by Eng. Lorelly Marin that we did not process any contract for the installation of the lighting in said facilities; see attached email. In that sense, it should be understood that the definition of lumens was in charge of the CCDRH itself, which is responsible for that specialized task, so the municipality has no degree of interference in that task for which the amparo petitioner seeks to hold us responsible. Now, we must again recall that the amparo petitioner could well have made the technical requests to the CCDRH to explain the type of luminaires that were installed, as these are technical aspects under its charge; however, without prior verification, he limited himself to resorting to this municipality.The Ministerio de Salud itself also urged him to file the complaints on his own (which in any case were forwarded by this municipality for its consideration); however, he did not heed this recommendation. Regarding noise, it is once again observed that among the responsibilities of the CCDRH is defining the regulations and policies for the use of the facilities for the proper use of the installations, as well as ensuring compliance with basic health, public ornament, and cleanliness standards. Consequently, no action by the amparo petitioner is observed in addressing or consulting the CCDRH about the complaints he has regarding the entry of people into the sports center and the noise they may produce, a noise which, as explained, is not verifiable or controllable by a Municipality. Now, it should be considered that these are open facilities intended for the community's enjoyment, so the regulation of sounds must be directed or defined by the Ministerio de Salud, as was done previously, which was successfully controlled so as not to cause any inconvenience to the amparo petitioner.Regarding grass cutting, it is again reported that this work is in charge of the Committee as part of its ordinary duties. This representation is unaware of the frequency of this work or the alleged amount of dust it could generate, lacking at least some type of summary evidence that accredits such a condition. IV. ON THE PRECAUTIONARY CLAIMS In essence, the amparo petitioner seeks to restrict the use of sports facilities during the hours and under the conditions he proposes, which would be detrimental to the utilization of a space intended for public use. This situation must be evaluated by this body, as it seeks to set a precedent that would limit the use of not only this complex but also many similar sports facilities, thereby affecting the practice of sports and the healthy generation of resources for the sustainability of these facilities. Current regulations: Article 7 of the Reglamento para el control del ruido ambiental, Decreto 44486-S, invoked by the amparo petitioner himself, regulates the hours for the use of sports complexes like the one in question, imposing a schedule until 10:00 p.m. for its use, which, as the CCDRH well mentions in the note without a reference number dated July 18, 2025 (provided by the amparo petitioner himself), is fully respected and without any evidence demonstrating the contrary.V. COROLLARY Thus, no violation of fundamental rights by the Municipalidad de Heredia is observed, which channeled the amparo petitioner's complaint through the appropriate channels without any formal objection being raised, as we have demonstrated. On the other hand, the administration and regulation of the use and enjoyment of the sports complex is under the charge of the Comité Cantonal de Deportes y Recreación de Heredia, which is responsible for the maintenance of the facilities, including luminaires, grass cutting, and controls on the admission of people; therefore, no inertia and much less any type of responsibility for the complaints made by the amparo petitioner is attributable to my represented entity. The existence of a balance is fundamental in these cases. It must be understood that the Fátima sports complex in Heredia is a sports facility that has existed for approximately 40 years, has respected the guidelines of the Ministerio de Salud when required, allows the practice of sports within the hours enabled for it, and receives the maintenance necessary for its proper functioning for the hundreds of users.Hence the importance of understanding the relevance of a balance and respect for the fundamental rights of the children, young people, and adults who find in this place a safe and adequate space for the practice of sports, and that limiting its use equally causes an impact on their rights to health. VI. PETITION Having proven that my represented entity has NOT violated the fundamental rights of the amparo petitioner, since the actions executed regarding the note presented in September 2025 were attended to and communicated; furthermore, the Municipality is not the administrator of the sports facilities that the amparo petitioner claims affect his rights, nor do we participate in the cutting of grass or the installation of luminaires; we request that this recurso de amparo be rejected regarding what is being attributed to us by Mr. Nombre01 (...)".
- 4By means of a filing submitted to the Chamber on January 15, 2025, the petitioner refers to the report submitted by the municipal authorities, in the following terms: "(...) what the respondents are trying to do is WASH THEIR HANDS of the responsibility that this Municipal Administration has in relation to the Comité de Deportes de Heredia, trying to say that no responsibility can be attributed to that Municipal authority because said sports center has a loan agreement with the Comité de Deportes de Heredia and that for this reason, this municipality has no responsibility whatsoever, a statement they make in their report as follows: (...) First fact demonstrated by the respondent party: The complaint filed by the undersigned before the Consejo Municipal was based on the fact that the Consejo Municipal and the Municipal Mayor's Office are responsible for the OVERSIGHT of the Sports Complex, since the Municipalidad de Heredia is the current owner of the Sports Complex, a fact recognized by both authorities when stating in their report under oath the following: '(...) In 2008, the donation of the Sports Complex to this Municipality by ICODER was formalized.Once the Municipality becomes the owner, it grants its administration to the CCDRH, as provided in the Código Municipal, and to date, said body is responsible for maintenance and general administration. In this line of reasoning, through an agreement of the Concejo Municipal adopted in Ordinary Session No. 127-2025, of Monday, October 27, 2025, the loan agreement between the Local Government and the CCDRH was renewed.' That is, it is the respondent parties who demonstrate in their report that there is a loan agreement for the sports complex belonging to the Municipality and the CCDRH (Comité de Deportes de Heredia), and it is also recognized in that report that, as a result of this loan, the Oversight Entity is the Municipalidad de Heredia, as defined in point f of the agreement that this Municipality partially transcribes: f. Respect the unrestricted access of the Municipality officials designated for the oversight and inspection of the facilities.Furthermore, since the Presidente del Consejo Municipal and the Alcaldesa Municipal try to evade municipal responsibility for what happens at the Barrio Fátima Sports Complex, it is important to bring up what the INTERNAL AUDIT OFFICE of the Municipalidad de Heredia itself, as the oversight body of the Municipality, has stated when issuing internal reports notifying the Consejo Municipal and the Mayor of Heredia, Mrs. Angela Aguilar Vargas, about SERIOUS DEFICIENCIES in the oversight control that is the responsibility of the Municipalidad de Heredia over the loan agreements that said municipal entity has with the CCDRH (Comité de Deportes de Heredia, including the Fátima Sports Complex). That is, the MUNICIPAL INTERNAL AUDIT OFFICE itself recognizes the mandatory duty of surveillance and oversight that the Administration has over the Comité de Deportes de Heredia, and as an example of this oversight responsibility, the cited Auditoría in report No. AI-06-2023 'Estudio de carácter especial sobre la gestión y sistema de control interno de las instalaciones deportivas y recreativas cedidas al Comité Cantonal de Deportes y Recreación de Heredia por la Municipalidad de Heredia' (attached document), indicates to the highest municipal authorities the following: (...) With the contribution of the aforementioned Internal Audit Report, I make it evident that both the Alcaldesa Municipal Angela Aguilar Vargas and Mr.José Pablo Quesada Castro, as representative of the Consejo Municipal, did not tell the truth in the report submitted under oath regarding the duty of Oversight that corresponds to these authorities over the incorrect actions carried out by the Comité de Deportes de Heredia at the Fátima Sports Complex, actions that to this day continue to violate the constitutional rights of the undersigned and the other amparo petitioners. The report submitted to this Court also indicates that in the loan agreement between the Municipal Entity and the Comité de Deportes, point K establishes that it is a duty of said Committee to present an Operational Plan before the Consejo Municipal for its respective approval before said Council, which demonstrates the link of responsibility that the municipal authorities try to hide from this Court. (...) • Clarification regarding a statement in the respondent party's report.I must state that the report of the respondent authorities indicates that the undersigned has cited Decreto 44486-S in the text of the recurso de amparo, which is not true. • EVIDENCE FOR BETTER RESOLUTION ✓ Absence of a response to the Precautionary Measure requested from the mayor's office and Concejo Municipal de Heredia. As a result of the violation of the rights of the undersigned and my family group due to the three types of pollution we suffer in our home from the Comité de Deportes de Heredia and the lack of action and response by the Consejo Municipal and the mayor's office of Heredia regarding the complaint filed, and having exceeded the period of two months since the undersigned filed the complaint on September 23, 2025, on December 4, 2025, I again requested the Consejo Municipal and the mayor of Heredia to, based on my initial complaint, proceed to issue a precautionary measure, and in this regard I requested the following: '(...) REQUEST FOR APPLICATION OF A PRECAUTIONARY MEASURE OF SUSPENSION OF NIGHTTIME ACTIVITIES AT THE FATIMA SPORTS COMPLEX.As the Consejo Municipal and the mayor's office must understand, a precautionary measure is an administrative or judicial resolution to provisionally protect a constitutional right against a serious and imminent threat, before a final administrative resolution or judgment is issued. These measures can be of different types, such as the suspension of an action, an order not to do something, or an order to perform an action, and they are adapted to the need to protect the right in question. Thus, in the present matter, there are violated Constitutional Rights to the detriment of the undersigned and my entire family group, which is why I request that the Consejo Municipal and the Alcaldía Municipal, under the authority conferred upon them by law, proceed to order as a PRECAUTIONARY MEASURE to the Comité de Deportes de Heredia, the suspension of all activity at the Barrio Fátima Sports Complex starting from 6 p.m., and until the irregular situations I described in my initial complaint of September 23, 2025 are definitively resolved.However, despite the fact that the aforementioned document was correctly processed, providing within it photographic evidence with date and time demonstrating the persistence of the reported light pollution over my home, neither the Consejo Municipal nor the Alcaldía de Heredia has issued any response to date to my filing regarding the requested precautionary measure. ✓ Persistence of light and earth dust pollution. It is also important to indicate that light and earth dust pollution continues to occur to the detriment of my family, and as proof of this fact, I provide photographic evidence with date and time in the lower left corner of each photograph, demonstrating the irregular action of two officials of the Fátima Sports Complex who continue to maliciously use the lawnmowers to produce dust clouds in front of my property, with the earth dust ending up deposited on the porch and upper floor of my property.The following photographs were taken on December 19, 2025. (See date and time in the lower left corner of each photograph) (...) In the following digital link, you can see the video taken on December 19, 2025, which matches the photographs presented above, and which I also provide as evidence to this Court, where it can be seen how two workers of the Comité de Deportes de Heredia use two mowers to produce dust clouds in the square of the Fátima sports complex. I classify this act as a malicious and duly premeditated action since, by that date, the mayor's office of Heredia and the Concejo Municipal were fully aware of the complaint from the undersigned and the precautionary measure requested from those municipal bodies. 9 If the video is viewed carefully in the following link, the subjects (officials of the Barrio Fátima Sports Complex) can be seen using two mowers making senseless turns as if it were a game, and it is not about cutting grass but about breaking up the ground to cause earth pollution.(...) With this evidence, the argument made by Mrs. Angela Aguilar Vargas and Mr. José Pablo Quesada Castro that grass cutting is an occasional and normal situation is also refuted. ✓ Regarding the light pollution that persists and disturbs the right to the enjoyment of the natural landscape and a healthy environment for the enjoyment of nature. I consider it necessary to point out again to this Court that the light pollution produced at the Fátima sports complex is so excessive that when it is turned on, it not only disturbs the habitability of our home but also pollutes the right to enjoy the good views of the horizon at dusk. As an example of such visual pollution, I present below photographs showing two situations: 1) the pleasant panorama that can be seen in the afternoons before and after 6:00 p.m. when the polluting illumination is not present, and 2) also when the landscape is polluted by the illumination of the sports complex: (...) Regarding this form of pollution, this Court has already issued a criterion on the obligation of local governments to protect and ensure a healthy and balanced environment, an obligation that, as I have demonstrated, is not being fulfilled in the case of the Municipalidad de Heredia, whose authorities rather try to dissociate themselves from their duty of control and oversight (...) PETITION: For the foregoing and under the protection of Articles 50 and 169 of the Constitución Política, I reiterate to this Court the need to issue a PRECAUTIONARY MEASURE against the Consejo Municipal and the Alcaldía de Heredia, with the objective that said municipal bodies proceed to order the Comité de Deportes de Heredia the temporary suspension of all nighttime activity at the Barrio Fátima Sports Complex of Heredia, in order to protect the undersigned and my family group from the harmful effects of the light pollution produced to our detriment.Furthermore, order the Consejo Municipal and the mayor's office of Heredia to execute the necessary actions so that the Comité de Deportes de Heredia modifies and reduces the schedule of nighttime activities, such that they do not exceed 8:30 p.m. at the said sports complex, and to limit the massive entry of the public as spectators to sporting events, as the said sports complex is not designed for the massive entry of people, not being a stadium, this being one of the reasons causing the reported noise pollution during the nights. It is evident that there is a clear violation of the right to health, the right to privacy, and the right to enjoy a healthy environment inside our property and outside of it, and the enjoyment of nature, which is constantly violated by light pollution and earth dust; therefore, the precautionary measure is requested until this Court resolves and orders the municipal authorities to address the filed complaint and issue the administrative orders that are appropriate to eliminate the reported disturbances, given that such municipal control can be achieved if administrative and technical measures are issued to protect our constitutional rights.Especially if said Municipality orders the modification of the projection angle of the luminous intensity at which the lights are placed on the lighting towers, the non-production of earth dust, and the restriction of nighttime hours and massive entry of people. I want to indicate that my family group decided to resort to the municipal avenue because the Comité de Deportes de Heredia was appointed by the Consejo Municipal as the administrator of the sports complex, and since, as I have demonstrated, there is a duty of oversight and control over said Committee by the Municipality. However, despite more than FOUR months having elapsed since the complaint was filed before the Consejo Municipal, the municipal authorities have not ordered any solution in this regard, nor resolved the complaint or the requested precautionary measure. This recurso de amparo is to be declared with merit, ordering the municipal authorities to take the necessary actions to stop the reported disturbances. The Municipalidad de Heredia is to be ordered to pay for the damages and losses (...)".
- 5On January 20, 2025, the petitioner provides new evidence to the case file.
- 6By resolution at 09:50 hrs. on January 21, 2026, the Presiding Magistrate of this matter ordered the following: "(...) Having reviewed the case file, the present amparo proceedings being processed under case number 25-039028-0007-CO, filed by Nombre01, identity card CED01, on behalf of himself and Nombre02 and OTHERS, against the MUNICIPALIDAD DE HEREDIA, are extended so that the DIRECTOR OF THE HEALTH AREA OF HEREDIA OF THE MINISTERIO DE SALUD, AS WELL AS THE PRESIDENT OF THE COMITÉ CANTONAL DE DEPORTES Y RECREACIÓN DE HEREDIA, submit a report on the following alleged facts (...) For purposes of submitting the report, what was reported by the President of the Council and the Mayor of the Municipalidad de Heredia (attached documentation) must also be taken into account.
Additionally, the authorities of the Ministry of Health must explain to this Court whether the petitioner had previously filed complaints before that entity based on the three types of pollution alleged. If so, specify the exact date of filing. Likewise, they must clarify whether health orders (órdenes sanitarias) had previously been issued regarding the alleged facts. If so, indicate to which authority they were directed, whether they were followed up on, and whether or not they have been complied with to date. Attach evidence (…)”.
- 7By brief submitted to the Chamber on January 30, 2026, Nombre03, in his capacity as President of the Board of Directors of the Cantonal Sports and Recreation Committee of Heredia (Comité Cantonal de Deportes y Recreación de Heredia), renders a report and expressly states the following: “(…) 1. TIMELY AND PROPER APPEARANCE: We were personally notified on January 27, 2026, of the ruling issued at nine fifty hours on January twenty-first, two thousand twenty-six, by the Constitutional Chamber of the Supreme Court of Justice. Thus, I consider myself notified on January 27, 2026, and based on the cited ruling, the three-business-day period runs for this specific case on January 28, 29, and 30, 2026, by virtue of which I appear in a timely and proper manner to state the following: 2. REGARDING THE FACTS ALLEGED BY THE PETITIONER: In response to the report requested by this honorable Chamber, I appear, with due respect, to refer in detail to the facts alleged by the petitioner in this amparo action.In order to provide the greatest clarity and precision, I consider it essential to make the following clarifications regarding the mentioned aspects. I. REGARDING THE ALLEGED LIGHT POLLUTION AND TECHNICAL INTERVENTION OF THE LIGHTING SYSTEM. The petitioner alleges that the activities at the Barrio Fátima Sports Complex (Polideportivo de Barrio Fátima), administered by the Cantonal Sports Committee, generate constant impacts, such as light pollution, which he describes as “excessive” coming from the sports complex’s posts that invades his property, preventing them from resting at night. Now, in relation to this allegation of irregular and abusive lighting, it is imperative to clarify that the Committee has acted with the utmost diligence by executing a comprehensive modernization project of the lighting system at the Fátima Sports Complex municipal field, which was completed and formally delivered in December 2025.In this same vein, as stated in the technical report by Eng. Adrián Rojas Barrientos dated January 28, 2026, the old 1000 W Metalarc type luminaires were replaced with state-of-the-art LED technology, which allowed the technical measurements carried out with calibrated lux meters to yield an average of 324 lux, a value that not only conforms to the ICE Standard DGE 017-AI-1/1982, but also complies with international FIFA standards for training fields. Likewise, this LED system design incorporates light-directing technology that technically avoids over-illumination or inadequate exposure towards adjoining homes, guaranteeing the visual comfort of neighbors and users. This being so, at this point it is clear and evident that the Committee has implemented the necessary technical improvements to guarantee efficient lighting that respects the residential environment, thus correcting the facts that the petitioner alleges regarding visual pollution.II. REGARDING THE ALLEGED NOISE POLLUTION AND STRICT COMPLIANCE WITH OPERATING HOURS. The petitioner denounces excessive noises produced by people with horns and other artifacts, in addition to shouts and vociferations similar to those of a stadium, and that the matches extend until 11:00 p.m., resulting in noise pollution. Regarding such affirmations, it is important to indicate that the Committee categorically rejects such affirmations as they lack factual basis, since the use of the facilities is strictly governed by Decreto 44486-S, respecting the time limit of 10:00 p.m. Since the ratification of the Health Order MS-DRRSCN-DARSH-0201-2021 by the Minister of Health, Dr. Joselyn María Chacón Madrigal, in January 2023, this body has maintained an absolute prohibition on the use of music, loudspeakers, or microphones during all opening hours. This measure has been formally communicated to the field lessees, who must sign a liability document to ensure that sound equipment is not used.Regarding the noises that the petitioner describes as “vociferations,” it is clear that these noises are not the result of the operation or amplification of controlled sound systems installed in the Sports Complex. On the contrary, they correspond to expressions and behaviors that are entirely spontaneous and intrinsic to the interactions of the people who attend and make use of the facilities. These acoustic events must be classified as isolated incidents that are generated unpredictably within the framework of the venue’s daily activity, since being a crowded space designed for physical activity, it is natural and foreseeable that exclamations, specific shouts of encouragement, surprise, or loud conversation, etc., arise, elements that are an inherent part of the social dynamic in an environment of this nature. For the reasons stated above, having implemented control mechanisms and with the existence of full compliance with the health orders issued by the Ministry of Health, on this point, the filed amparo action lacks any practical purpose, since all the provisions have been complied with.III. MATTERS RELATING TO THE ALLEGED DUST POLLUTION AND ORDINARY MAINTENANCE WORK. In reference to the allegation of alleged dust pollution generated by garden machinery, which is specifically attributed to the maintenance work of the sports complex’s green areas, it is essential to specify the following: The activity of cutting grass or lawn does not constitute an arbitrary action or one generating harm, but rather falls within the essential, normal, and routine preventive maintenance tasks that are necessary to guarantee the hygiene, healthiness, and safety of the sports venue’s facilities. These tasks seek to avoid the proliferation of pests and the excessive growth of vegetation that could obstruct passage or generate sources of unsanitary conditions. Likewise, from a technical and operational perspective, the assertion that these tasks are the source of the dust pollution affecting the petitioner’s home is unfeasible and unsustainable.It has been determined that the sports complex operates under a predominant wind flow pattern that is consistently directed from the North towards the West. This factor is crucial, since the direction of the dominant wind ensures that any particle or material that could be displaced during grass cutting is not projected or transported towards the geographical location of the petitioner's home. On the contrary, the air flow disperses any material in an opposite or lateral direction to the petitioner's property, thus disproving the alleged causal connection between the maintenance work and the purported impact from dust pollution. It is crucial to emphasize that the planning of maintenance activities, especially those related to grass cutting and vegetation removal, is carried out strategically by the Committee, directly addressing meteorological conditions. The primary objective of this methodology is to avoid carrying out these tasks during periods of intense dry season, to prevent the generation of dust that could potentially affect air quality and cause nuisance or even health problems for the facility users and neighbors.As concrete evidence of this commitment to mitigating dust generation, it is highlighted that the most recent grass cutting was carried out during the last week of November 2025; during the rainy season, when dust dispersion is significantly minimized. This being so, this planned management and the technical attention to maintenance by the Committee demonstrate its diligence and care for the public health of users and neighbors. Therefore, the preventive actions carried out demonstrate the lack of basis for the petitioner's claim. IV. REGARDING THE ALLEGED INEXISTENCE OF ADMINISTRATIVE INERTIA AND RESPECT FOR THE RIGHT TO HEALTH. Finally, regarding the alleged administrative inertia since 2019, the documentary evidence in the administrative file demonstrates active and responsible institutional management. It is essential to recall that this Constitutional Chamber itself, through Resolution No. 2021-012166 in file 21-008125-0007-CO, had already accredited the good diligence of the health authorities in processing the complaints of Mr.Nombre01. Since the earliest background of the conflict, this Committee has shown a manifest willingness to comply, as proven by the Sworn Declaration signed by the Administrative Director of the Committee on May 13, 2019, in which the formal commitment was assumed not to use sound equipment after 8:00 p.m., complying with the precautionary principle (principio precautorio) dictated by the health authority. Far from remaining inactive in the face of health orders, the Committee has managed in-depth technical solutions, highlighting the presentation of the “Noise Containment Plan” on October 15, 2021, through official letter CCDRH-356-2021, which, although it was subject to technical observations by the Ministry of Health, demonstrates an administration dedicated to the effective resolution of the detected needs. The diligence of this body has also been manifested in the legitimate exercise of its defense and in the search for technical criteria that provide legal certainty to the community, having filed the Appeal for Revocation with Subsidiary Appeal (Recurso de Revocatoria con Apelación en Subsidio) under number AR-NUS-028-2021 on September 24, 2021, against health order MS-DRRSCN-DARSH-0201-2021.In said process, the Committee not only questioned the measurement parameters but also proposed immediate palliative measures such as changing speakers for lower-power equipment and moving activities to enclosed structures such as the multipurpose hall so that it would serve as a natural sound barrier. This diligent attitude has even been indirectly ratified by this same Constitutional Court in File No. 21-008125-0007-CO, where through Resolution No. 2021-012166, the performance and good faith in the processing of the administrative acts related to this case were accredited. Likewise, the deficiencies detected in terms of lighting and maintenance have been addressed in a preventive and technical manner long before the filing of this action, which makes the facts alleged in this amparo action entirely unnecessary. It is worth reiterating that the Committee carried out a total modernization of the lighting system, replacing obsolete equipment with state-of-the-art LED technology, a project that was formally delivered in December 2025 and whose technical suitability is supported by the report of Eng.Adrián Rojas Barrientos dated January 28, 2026, which certifies illuminance levels in accordance with international FIFA standards. In the same sense, the maintenance of green areas is carried out under a technical schedule, with the last grass cutting work having been carried out in the last week of November 2025 to prevent the generation of dust during the dry season. For all the foregoing, it is fully demonstrated that the CCDRH has implemented progressive improvements in infrastructure and maintains permanent coordination with the Ministry of Health to ensure the balance between the public interest and neighborhood well-being. Likewise, since no arbitrary action or omission nor a causal link between the Committee's actions and the alleged violation has been demonstrated, it is concluded that the action is unnecessary, since the CCDRH already acts under the principle of legality and has resolved the operational deficiencies through definitive technical solutions.Based on the facts and law set forth, I respectfully request this Honorable Chamber to declare this amparo action WITHOUT MERIT in all its aspects, by virtue of the fact that the actions of the Cantonal Sports and Recreation Committee of Heredia have been fully diligent, reasonable, and preventive. V. THE FÁTIMA SPORTS COMPLEX FULFILLS A SOCIAL AND PUBLIC INTEREST FUNCTION. It is imperative that this Honorable Chamber assess that the Fátima Sports Complex is not an idle facility, but a fundamental pillar for the public health of the Heredia community. Currently, this venue serves a constant influx that justifies its existence and operational maintenance, since each week, the center receives 200 users from field rentals, 200 beneficiaries of various duly scheduled sports disciplines, and 60 people who actively participate in the functional exercise program such as “Heredia se Mueve”. We are facing a direct impact on the health of more than 460 people weekly, who find in this space the only accessible and safe means to combat sedentary lifestyles, one of the main underlying causes of chronic non-communicable diseases such as hypertension, diabetes, obesity, and cardiovascular conditions.Therefore, any attempt to arbitrarily restrict the use of these facilities, as requested by the petitioner, not only lacks a technical basis but would be disproportionate and harmful to the social interest, violating the fundamental right to sport and recreation of a community in favor of the subjective disagreement of a single individual. Thus, any claim aimed at arbitrarily and unjustifiably restricting the use of these facilities, as demanded by the petitioner, not only lacks a solid technical foundation to support it but is revealed as a manifestly disproportionate measure. Said action would be seriously harmful to the social interest, contravening and violating the fundamental right to sport and recreation that assists the community, all for the benefit of the subjective and singular disagreement expressed by the petitioner. 3. PETITION: Based on the considerations of fact and law set forth in this brief, I respectfully request the following: 1) To consider as rendered, in a timely and proper manner, the report requested from the undersigned, in his capacity as president of the Board of Directors of the Cantonal Sports and Recreation Committee of Heredia. 2) To declare this amparo action filed by Mr.Nombre01 without merit, because the Cantonal Sports and Recreation Committee of Heredia has demonstrated proactive, diligent, and preventive management in addressing the previously indicated deficiencies regarding the activity of the Fátima Sports Complex. There being no injury to fundamental rights nor administrative inertia requiring reparation, which renders the action unnecessary and without purpose (…)”.
- 8By brief submitted to the Chamber on February 2, 2026, Johanna Chavarría Víquez, in her capacity as Director of the Governing Health Area of Heredia (Área Rectora de Salud de Heredia), renders a report and expressly states the following: “(…) 1. In this office, complaints have been filed by Mr. Nombre01 in previous years for noise pollution, never for light pollution or for problems with dust or other nuisances. On November 15, 2017, a complaint filed by the protected party was received, alleging noise pollution caused by the Fátima Sports Complex. In response to the foregoing, on November 17, 2017, a noise measurement was carried out at Mr. Nombre01’s home, and in the measurement result (report CN-ARS-H-3708-2017), it was established that the results did not exceed the maximum limits allowed by the regulations. However, as the results were close to the maximum permitted margin, it was requested not to carry out activities involving the use of music, loudspeakers, microphones, or any sound equipment after 8:00 p.m. (8:00 p.m.). 2.Subsequently, on October 19, 2018, Mr. Nombre01 again filed a complaint for noise pollution. In follow-up to the matter, a health order was issued prohibiting the scheduling of music during nighttime hours (from 8:00 p.m. to 6:00 a.m.) and it was indicated that activities carried out before that time must be conducted respecting the limits established by the regulations for daytime hours. 3. On November 12, 2018, a complaint for noise pollution was filed by Mr. Nombre01. On March 21, 2019, a noise measurement was carried out at the protected party's home, and from the result, it was determined that the noises generated by the activities carried out at the Fátima sports complex did not exceed the maximum levels allowed by the regulations for daytime hours. However, Health Order No. CN-ARSH-S-135-2019 was notified, emphasizing the prohibition of carrying out activities involving music after 8:00 p.m., as well as controlling the activities carried out before 8:00 p.m. In addition, a warning was given regarding the closure of the establishment in the event of verified non-compliance with the health order. 4.On March 7, 2021, an amparo action filed by Mr. Nombre01 (file 21-008125-0007-CO) was received for noise pollution problems, which was declared without merit through resolution 2021-012166 of May 28, 2021. 5. On June 8, 2021, an email was received from Mr. Nombre01 requesting a new noise measurement at his property. The measurement was carried out on June 26, 2021 (the sample was taken in the hallway of the home), and it exceeded the maximum limits established by the regulations. In response to the foregoing, with Health Order MS-DRRSCNDARSH-0201-2021, the prohibition on carrying out activities with music in the referred establishment was notified. Said prohibition is in force to date, and no non-compliance has been determined by the responsible parties, and Mr. Nombre01 has not again filed complaints or requests in this regard (noise pollution complaints). 6. On November 19, 2025, official letter No. MH-AMH-1052-2025 was received from the mayor's office secretariat of the Municipality of Heredia (Municipalidad de Heredia), indicating that a complaint filed by Mr.Nombre01 before the Municipal Council (Concejo Municipal) had been received, for apparent noise, light, and dust pollution generated at the Fátima Sports Complex. On November 19, 2025, a response was sent to the mayor's office secretariat with a copy to Mr. Nombre01, thanking him for completing the complaint forms to proceed accordingly. In response to the foregoing, Mr. Nombre01 replied on December 2 via email: “I clarify that the undersigned is not filing any complaint before the Ministry of Health, it is the Heredia Mayor's Office that is diverting my complaint filed on September 23, 2025, before the Municipal Council, and which the Municipal Council referred to the Mayor's Office for its due attention.” In this regard, it is important to note that the health authority, in order to issue administrative acts, must verify the facts denounced by the administered parties. In the case at hand, each of the complaints filed by Mr.Nombre01 has been addressed, and administrative acts have been issued when the denounced matters have been verified. It is important to note that the Fátima Sports Complex is a sports facility attended by many people from the Heredia community to exercise to maintain their physical and mental health. Apart from the fact that the establishment and the protected party's home are located on a high-traffic street and that, despite the high population density of the surroundings, during all this time only Mr. Nombre01 has reported nuisances from the operation of said sports center. In addition to the foregoing, Mr. Nombre01 has not filed complaints before this instance for light or dust problems, which he indicates in the filed amparo, and furthermore, via email, he stated that the complaint was filed before the Municipal Council of Heredia, and that he had not filed a complaint before the Ministry of Health, and that said Council referred it to the mayor's office of that local government for processing and resolution, and that the mayor's office was trying to evade its responsibility regarding the resolution of the matter.PETITION Based on the foregoing, I request your Honorable Authority to declare this case without merit, since all the complaints filed by the protected party have been addressed by this instance, and administrative acts have been issued when any non-conformity has been verified by officials of this office. In addition to this, may the honorable Court take into account that the establishment in question is a sports and recreational center that serves for the preservation of the health and physical fitness of Heredian citizens. Furthermore, the protected party's own statement indicates that the complaint was not filed before the Ministry of Health and that the Municipality was neglecting its responsibility to process and respond to his request. Finally, the protected party has never filed complaints for the light or dust that, according to the protected party, affects him. Furthermore, since 2022, there has been no knowledge of the establishment's responsible parties having breached the issued orders. In addition, the complainant himself stated that it is not a complaint he wished to file before the Ministry of Health (…)”.
- 9By brief submitted to the Chamber on February 3, 2026, the petitioner refers to the report rendered by the representative of the Heredia Sports Committee in the following terms: “(…) In relation to the report rendered by Nombre03 of the CANTONAL SPORTS AND RECREATION COMMITTEE OF HEREDIA (COMITÉ CANTONAL DE DEPORTES Y RECREACIÓN DE HEREDIA), I proceed to state the following: a) Regarding point No. 1 of the cited document that indicates “REGARDING THE ALLEGED LIGHT POLLUTION AND TECHNICAL INTERVENTION OF THE LIGHTING SYSTEM”, it is acknowledged by the committee that it has executed a modernization project of the lighting system at the Fátima Sports Complex municipal field. b) Mr. Nombre03 lies in his report by saying that from the technical report of Eng. Adrián Rojas Barrientos dated January 28, 2026, it follows that the LED system design incorporates light-directing technology that “technically avoids over-illumination or inadequate exposure towards adjoining homes, guaranteeing the visual comfort of neighbors and users.” Such affirmation by Nombre03 is not found even as a reference within the technical document prepared by Eng.Rojas Barrientos, since from its reading, IT IS NOT EVIDENCED that the cited professional carried out any type of verification of the light intensity outside the perimeter of the soccer field and in the neighboring properties, much less on the undersigned's property. For this reason, I have proceeded to consult Eng. Adrián Rojas Barrientos regarding the scope of the study carried out at the Fátima sports complex (Document that I provide as evidence). In said request, I ask the cited engineer the following: “(…) In this regard, I request you to clarify the following: a) What is your specialty as an engineer? b) According to your previous description (transcription), you or your company carried out a measurement of luminaires at the Barrio Fátima sports complex in Heredia; for this reason, I request that you please indicate to me: what perimeter did the measurement carried out by your company cover? c) Did you carry out any type of measurement on the degree of luminosity that reaches the properties located on the east side of the Fátima Sports Complex, including the undersigned's property and which I describe with the following photograph?(…) d) Did the Heredia Sports Committee or the Heredia Mayor's Office request you to carry out a study on the light impact of the lights installed at the Fátima sports complex on neighboring properties, that is, beyond where the boundary of said soccer field ends? e) Are the reference parameters for measuring the degree of luminosity according to your technical study for a soccer field of a sports complex like Dirección02, limited to its perimeter? How is the degree of light impact measured inside a property? SECOND: Does your company or your person have an endorsement or certification issued by the Ministry of Health to carry out studies like the one set forth in your document of January 28, 2026?” Furthermore, it is important to transcribe point No. 2 of the cited technical document that indicates its scope and in which no type of reference appears regarding illumination or inadequate exposure towards adjoining homes.In this regard, the cited point states: “(…) 2. Scope of the document The scope of this document covers the description of the process of replacing the lighting system on the soccer field of the Fátima Sports Complex, including the technical aspects of design, installation, and verification of the obtained light levels. The illuminance measurement procedure, the horizontal uniformity calculations, the interpretation of the measured values, and the comparison with the reference parameters established by FIFA and national sports lighting standards are detailed. Likewise, the report includes an analysis of the performance of the installed LED system, with emphasis on energy efficiency, luminous flux quality, homogeneity in light distribution, and the visual comfort perceived by users. Finally, conclusions and recommendations are presented aimed at optimizing the maintenance and operation of the lighting system, ensuring its long-term performance.(The bold and underline are not from the original) Note that in the previous transcription of the study's scope, no mention is made of any reference to the aspect of illumination or inadequate exposure towards adjoining homes, being a whimsical expansion by the respondent who presents the report and which in no way forms part of the technical document provided as evidence. c) Regarding what is indicated in point II titled “REGARDING THE ALLEGED NOISE POLLUTION AND STRICT COMPLIANCE WITH OPERATING HOURS” in which the respondent alludes to the health order issued by the Health Area of Heredia against the Heredia Sports Committee, it is important to indicate that the same respondent expressly accepts the existence of health orders ratified by the Minister of Health against the Heredia Sports Committee and even presents documentary evidence that proves such fact, that is, it is accredited that this is not the first time that the Heredia Sports Committee, through its administrator Nombre04, has been sanctioned with a health order for disrespecting the noise limits established by regulations by the state and with sound devices.The following images are extracts of the evidence provided by the respondent (…) In addition, the representative of the Sports Committee also acknowledges in his brief the existence of noises produced by excessive and uncontrolled sports activity at the Fátima Sports Complex, and in his report, he expresses it as follows: “(…) Regarding the noises that the petitioner describes as “vociferations,” it is clear that these noises are not the result of the operation or amplification of controlled sound systems installed in the Sports Complex. On the contrary, they correspond to expressions and behaviors that are entirely spontaneous and intrinsic to the interactions of the people who attend and make use of the facilities. These acoustic events must be classified as isolated incidents that are generated unpredictably within the framework of the venue’s daily activity, since being a crowded space designed for physical activity, it is natural and foreseeable that exclamations, specific shouts of encouragement, surprise, or loud conversation, etc., arise, elements that are an inherent part of the social dynamic in an environment of this nature.”(The bold does not correspond to the original) That is, the respondent himself accepts the proliferation of noise in the sports and social activities that are carried out without control over the number of people who enter there, as if it were a stadium.
And neither is the statement by the Heredia Sports Committee that nighttime schedules are respected, since activities with excessive lighting and noise continue after 10:00 p.m., as I demonstrate with the following photographic evidence that proves that after 10:00 p.m. the polluting activity continues: (…) d) Regarding point III of the document titled “LO RELATIVO A LA SUPUESTA CONTAMINACIÓN POR POLVO Y LAS LABORES DE MANTENIMIENTO ORDINARIO.” In this section, Mr. Nombre03 confirms the generation of dust and states that there is a commitment to mitigate it, but he does not tell the truth when indicating that the grass is cut in winter and that the last time was in November 2025, “(…) As concrete evidence of this commitment to mitigating dust generation, it is highlighted that the most recent grass cutting was carried out during the last week of November 2025; during the rainy season, when dust dispersion is significantly minimized.” I refute such statement with the following photographic evidence (with date and time in the lower left margin) and video already provided in this amparo proceeding, which shows that on December 19, 2025, the Heredia Sports Committee, through two of its workers, produced clouds of dust with the grass-cutting machines.
(…) e) Regarding the point titled “EL POLIDEPORTIVO DE FÁTIMA CUMPLE UNA FUNCIÓN SOCIAL Y DE INTERÉS PÚBLICO”, it is evident that the respondent intends to make it seem that the social or sporting function carried out at the aforementioned sports center is above the fundamental rights of the undersigned and my family members as neighbors of the sports complex, to the point that this section even states that up to 460 people are received weekly for sports activities, thus evidenced by what the undersigned has denounced regarding the disproportionate admission of people as spectators to soccer matches that irresponsibly extend until 11:00 p.m. on any day of the week. For the reasons set forth above, I respectfully request this Court to grant the request for a precautionary measure that I requested since the filing brief. I reiterate, as I have been stating to this Court, that in the first instance I went to the Municipality of Heredia so that it would act diligently in accordance with the police power it must exercise over the activities carried out in its jurisdiction and specifically over said sports complex, which is its property (…).”
- 10On February 5, 2026, the petitioner addresses the report rendered by authorities of the Ministry of Health and provides evidence.
- 11In the processing of the case, the prescriptions of the law have been observed.
Drafted by Judge Araya García; and,
CONSIDERING:
I. PURPOSE OF THE APPEAL
The petitioner claims that the authorities of the Municipality of Heredia have not resolved a complaint filed in September 2025 regarding sonic, light, and dust pollution produced at the sports complex of Dirección02.
Likewise, he claims that the municipality has not addressed a request for a precautionary measure filed on December 4, 2025.
II. ON THE POSSIBILITY OF HEARING THIS AMPARO PURSUANT TO ARTICLE 41 OF THE CONSTITUTION
Before analyzing the merits of the matter —for the alleged violation of the right to a prompt and fulfilled procedure— it must be clarified that, as of Judgment No. 2008-02545 of 8:55 a.m. on February 22, 2008, this Chamber has referred to the contentious-administrative jurisdiction —with some exceptions— those matters in which it is disputed whether the public administration has complied or not with the deadlines established by the Ley General de la Administración Pública (Articles 261 and 325) or the sectoral laws for special administrative procedures, to resolve by final act an administrative procedure —initiated ex officio or at the request of a party— or to hear the applicable administrative appeals. Precisely, in this case, an exception arises —supported by the majority of this Constitutional Court—, since it involves a complaint filed for the generation of alleged environmental pollution, as well as a request for a precautionary measure (related to that same issue), which, as argued, have not been resolved within a reasonable time. Having clarified the point, we proceed to resolve the specific situation raised in this amparo.
III. PROVEN FACTS
Of relevance for deciding this amparo appeal, the following are considered proven:
A. Facts related to the Municipality of Heredia:
- 1)The sports complex of Fátima de Heredia is owned by the Municipality of Heredia (it was donated to it by ICODER) (see report).
- 2)Since 2007, the facilities of the sports complex of Fátima de Heredia have been administered by the Comité Cantonal de Deportes y Recreación de Heredia (see report).
- 3)In an official communication dated July 18, 2025 issued by the President of the Comité Cantonal de Deportes y Recreación de Heredia, the following was stated: “1) The Polideportivo de Fátima has a schedule from 6:00 a.m. to 6:00 p.m. for public use. At the request of neighbors who walk on the field before work, it has been opening at 5:30 a.m. 2) The soccer field does have nighttime operating hours, but only players and those responsible for the teams renting it may enter; normally the schedule is from 8:00 to 10:00 p.m.” (see evidence).
- 4)On September 23, 2025, the protected party filed a complaint before the Concejo Municipal de Heredia, in which he alleged the pollution problems suffered by himself and his family due to the operation of the sports complex located at Dirección02 (in front of his home). On that occasion, the protected party maintained, among other aspects, the following: That excessive illumination is produced by the lighting poles of the plaza, which, in turn, irregularly and abusively illuminate his property and do not allow them to rest at night. That sonic pollution is produced, since groups of people are allowed entry with whistles and other artifacts that produce a lot of noise, both during daytime and nighttime hours. That these people, in turn, shout and emit vociferations as if they were in a stadium. That matches extend until 11:00 p.m., which is irregular and disturbing. That dust pollution is produced, which is generated when workers use the machine to cut grass (even when there is not enough grass). That all this dust is deposited on his home and affects his health. For all the above, he expressly requested the following from the municipality:
"Based on the elements set forth above, the documentary, photographic evidence, and constitutional jurisprudence cited, I have demonstrated that the Heredia Sports Committee is disrespectful of the regulations governing noise control and that there is also an excess of uncontrolled luminosity. For this reason, I request this Municipal Council to instruct the Heredia Sports Committee to do the following:
- 1)Immediately modify the lights of the soccer field so that nighttime illumination does not disturb the constitutional rights of my family group, reduce the intensity and modify the position of the lights, due to the degree of light pollution (contaminación lumínica) that directly affects us in our home; the illumination must be limited to the boundary of the east side within the soccer field and cannot go beyond that perimeter, since, as I have demonstrated, the light reaches my property causing light impact and disturbance within the dwelling. In this regard, it is important to cite some of the negative effects of excess artificial light: Consequences of light pollution (contaminación lumínica): • Energy waste, since the light is being directed towards the sky, requiring more energy to achieve the necessary illumination. • Glare is produced, which is dangerous for drivers and affects road safety. • Air traffic and maritime traffic are hindered. • Polluting residues are generated while this excess energy is being produced, such as carbon dioxide or radioactive substances. • The biological cycles of some animals and plants are altered, especially birds, generating disorientation and changes in their biological cycles. People's sleep cycles are also altered, as artificial light filters into homes. • Cultural and scientific heritage is lost, as the starry sky disappears. UNESCO declared the starry sky a World Heritage Site in 2008.
- 2)That the private security of the sports complex carry out control procedures, prohibiting the entry of musical instruments, flutes, drums, and controlling the entry of coolers to prevent entry with alcoholic beverages or other prohibited substances.
- 3)Restrict the schedule of the soccer field so that matches are not held beyond 8:30 p.m., since in my family group there are two elderly adults aged 88 and 93 and the noise produced at night as a result of the matches affects their sleep cycle and that of the rest of the family members, consequently our quality of life is affected, due to the number of people who are allowed to enter the sports complex as spectators and who produce shouts, vociferations, and noises with horns and others.
- 4)Efficiently control and monitor the economic resources that, as I understand, this Municipality transfers to the Heredia Sports Committee for investment purposes, since, as I have previously pointed out, there are priorities in the maintenance of the sports complex that are not being adequately addressed (safety and infrastructure) and investment is made in unnecessary projects that, in the present case, rather cause damage to the community; specifically, I refer to the investment in the lighting system.
- 5)Restrict the use of the lawn mower when the grass is not sufficiently high, since, as I have demonstrated with photographic evidence, said machine is converted into a dust extraction tractor, a situation that affects my property and the health of my family members" (see evidence).
- 5)The aforementioned complaint was sent to email address ...01 (see evidence).
- 6)On September 30, 2025, by official communication No. TRASLADO-MH-CM-SCM-1838-2025, said complaint was forwarded to the Comisión de Gobierno y Administración of the Concejo Municipal de Heredia (see evidence).
- 7)By agreement of the Concejo Municipal adopted in ordinary session No. 127-2025 of October 27, 2025, the loan agreement between the Local Government and the Comité Cantonal de Deportes y Recreación de Heredia was renewed (see report).
- 8)On November 11, 2025, the petitioner received an email from the secretary of the respondent council by which he was notified of the agreement of that body (ACUERDO-MH-CM-SCM-2133-2025), forwarding the complaint to the Mayor, by recommendation of the Comisión de Gobierno y Administración “so that they can carry out the respective review of the events described and provide a resolution report in this regard” (see evidence).
- 9)By official communication No. MH-AMH-1052-2025 of November 18, 2025, the Mayoress of Heredia forwarded the complaint filed by the petitioner (for sonic, light, and dust pollution) to the Ministry of Health for its attention. Said referral was executed on November 19, 2025, and the protected party was informed (see report and evidence).
- 10)On December 4, 2025, the petitioner requested the Concejo Municipal and the Mayor's Office of Heredia that, based on the initial complaint, a precautionary measure be ordered to suspend nighttime activities at the sports complex (see evidence).
- 11)The Comité Cantonal de Deportes y Recreación de Heredia completed, in December 2025, an integral modernization project of the lighting system at the municipal field of the Polideportivo Fátima. The old Metalarc 1000 W luminaires were replaced with latest-generation LED technology (see report).
- 12)On December 14, 2025, the petitioner filed the present amparo (see evidence).
- 13)On January 8, 2026, the respondent municipal authorities were notified of the filing of this amparo (see notification records).
B. Facts related to the Ministry of Health:
- 1)In 2018, the protected party filed a complaint before the Área Rectora de Salud de Heredia for sonic pollution generated at the aforementioned sports complex. On that occasion, the Ministry of Health issued against the Polideportivo de Fátima Sanitary Order No. CN-ARSH-S-137-2018, which ordered the following: "-The holding of activities involving the use of music, loudspeakers, microphones, and/or sound equipment after 8:00 p.m. is prohibited, and –Decibel levels of sound equipment during daytime hours must be controlled." (see evidence).
- 2)In November 2018, the petitioner filed a new complaint before said ministry for noise pollution, and in April of that year, Sanitary Order No. CN-ARSH-S-135-2019 was issued against the sports complex for violating the maximum noise levels permitted in the Reglamento para el Control de Contaminación del Ruido. Said order provided: "The holding of activities involving the use of music, loudspeakers, microphones, and/or any sound equipment after 08:00 p.m., when the nighttime rest period begins, is prohibited in accordance with the Reglamento de Control de Contaminación por Ruido, Decreto 39428-S and Decreto N° 32692-S Procedimiento para la Medición de Ruido" (see evidence).
- 3)By official communication MS-DRRSH-1334-2019 of May 10, 2019, the Área de Salud de Heredia warned the Mayor and the Administrator of the Comité Cantonal de Deportes y Recreación de Heredia of the closure and placement of seals at the facilities of the sports complex to be carried out on Monday, May 13, 2019, for non-compliance with the two previous sanitary orders (see evidence).
- 4)On June 8, 2021, the petitioner filed a new complaint before the Área Rectora de Salud de Heredia and requested a new sonic measurement on his property. The measurement was carried out on June 26, 2021, and it was proven that the maximum limits established in the regulations were being exceeded. By Sanitary Order No. MS-DRRSCN-DARSH-0201-2021 (notified to the respondent committee on September 17, 2021), the following was ordered: "The holding of activities involving music of any type, and the use of loudspeakers, microphones, and/or any sound equipment during the entire time the facilities of the Polideportivo de Fátima are open is prohibited: Immediate term." (see evidence).
- 5)By Resolution No. MS-DM-ER-1295-2023 dated January 23, 2023, the Minister of Health declared without merit an appeal filed by the respondent committee against the 2021 sanitary order and ratified the provisions of the latter (see evidence).
- 6)On November 19, 2025, on account of what was ordered by the municipality in official communication No. MH-AMH-1052-2025 (of November 18 of that same year), the Ministry of Health indicated the following: "the complainant is kindly requested to fill out the respective forms for filing a complaint before the Ministry of Health, which can be downloaded at the following link (…) Once completed, they can be sent via this means for the respective attention." On December 4, 2025, the petitioner responded to the above as follows: “I clarify that the undersigned is not filing any complaint before the Ministry of Health; it is the Mayor's Office of Heredia that is diverting my complaint filed since September 23, 2025 before the Municipal Council and which the Concejo Municipal referred to the Mayor's Office for its proper attention. It is evident how the Mayor's Office of Heredia seeks to divert its responsibility for attending to the complaint filed by the undersigned, and what was instructed by the Municipal Council is not being attended to.” By virtue of the foregoing, the municipality explained to the petitioner that it was not "diverting the attention from the complaint," but rather referring it to the Ministry of Health as the competent entity in matters of sonic pollution. Additionally, it was clarified to him that the municipality could not carry out measurements or notifications regarding noise (see report and evidence).
- 7)As of January 30, 2026, the protected party had not filed a new complaint before the respondent ministry against the operation of the aforementioned sports complex for sonic pollution, nor complaints for light pollution (contaminación lumínica) or dust pollution (see report).
- 8)According to the report, the prohibition set forth in Sanitary Order No. MS-DRRSCN-DARSH-0201-2021 “is in force to date, and non-compliance has not been determined on the part of those responsible, and Mr. Nombre01 has not filed further complaints or requests in this regard (complaints for sonic pollution)” (see report).
IV. ON THE SENDING OF THE COMPLAINT UNDER STUDY TO AN EMAIL ACCOUNT
In this matter, it has been proven that the complaint in question was sent by the petitioner to an email account: ...01. The resolution granting leave to proceed with this amparo did not request information on whether said address is established or not as an official means for receiving communications sent by users to the municipality. However, it was demonstrated that said complaint was indeed received and processed by the respondents. The foregoing demonstrates that the respondents acknowledged the communication under study, i.e., they recognized it, which, in turn, allows this amparo proceeding to be heard on the merits (see, in this regard, what was indicated by the Chamber in Voto No. 2018-16587 of 09:15 a.m. on October 5, 2018).
V. ON THE ENVIRONMENTAL COMPLAINT
As the central point of this amparo, the petitioner claims that the authorities of the Municipality of Heredia have not resolved an environmental complaint filed in September 2025 for sonic, light, and dust pollution produced at the sports complex of Dirección02.
Now, after reviewing the arguments put forth by the petitioner, the reports rendered under oath, as well as all the evidence provided to the record, this Constitutional Court does not consider there to be any merit in granting this aspect of the appeal. This, for the following reasons which will be explained below:
First, because it has been demonstrated that the authorities of the Municipality of Heredia did have knowledge of the complaint in question and ultimately decided in November 2025 —by virtue of the subject matter and what was alleged by the protected party— to forward it to the Ministry of Health. It should be noted that this last action was not only carried out before this amparo was filed, but also that the protected party was duly informed in a timely manner. In addition to this, in the opinion of this Chamber, said provision could not be labeled as arbitrary or unfounded, insofar as the claims made were filed against the operation of the Comité Cantonal de Deportes y Recreación de Heredia (which is the entity in charge of administering the Polideportivo de Barrio Fátima and is attached to the same respondent corporation) and the way this specific complaint could be resolved is precisely by carrying out strictly technical inspections and measurements by the Ministry of Health; that is, based on the results yielded by this type of action. Thus, it is not possible to impute an unmotivated negligence to the municipal authorities in addressing the merits of the complaint, as the petitioner intends.
Second, given that, in this case —and based on the aforementioned municipal decision—, it is not observed that the authorities of the Ministry of Health incurred in an unjustified delay in addressing the complaint. Note that said complaint was forwarded to them on November 19, 2025, and that, by virtue of the foregoing, on that same day the health authorities requested the petitioner to complete the respective forms required to process it. However, in response, on December 4, 2025, the protected party stated in a displeased manner that the complaint was not being filed before the Ministry of Health, but before the respondent municipality. Thus, the petitioner never formalized the recent complaint (of 2025) before the Área Rectora de Salud de Heredia, as was requested of him. Therefore, it is not possible either to impute to these authorities any arbitrary omission in its attention and resolution. In any case, note that the forwarding of the complaint to the respondent ministry occurred on November 19, 2025, and that the amparo was filed on December 14, 2025, at which time a disproportionate period had not elapsed.
In addition to the above, it should be highlighted that the last complaint for sonic pollution filed by the petitioner against the operation of the sports complex in 2021 had already been resolved since that same year, and that, as reported, the prohibition set forth in Sanitary Order No. MS-DRRSCN-DARSH-0201-2021 (then issued) "is in force to date, and non-compliance has not been determined on the part of those responsible, and Mr. Nombre01 has not filed further complaints or requests in this regard (complaints for sonic pollution)." In line with this, it is important to note that, as also reported under oath, as of January 30, 2026, the protected party had not filed complaints before the respondent ministry for light pollution (contaminación lumínica) or dust allegedly generated at the sports complex in question. It is recalled that this Chamber is not a complaint-processing instance.
* Based on the foregoing, having ruled out a violation of the provisions of Articles 41 and 50 of the Constitution, the appropriate course is to dismiss this aspect of the appeal. The foregoing, not without first warning the authorities of the Ministry of Health that, should the petitioner formally file a complaint regarding the described situation, it must be processed and resolved within a reasonable time.
VI. REGARDING THE PRECAUTIONARY MEASURE FILED BEFORE THE RESPONDENT MUNICIPALITY
On the other hand, the petitioner claims that the Municipality of Heredia has not resolved a request for a precautionary measure filed on December 4, 2025, based, in turn, on the environmental complaint filed in September of that same year.
Having reviewed the record, this aspect of the appeal is also not admissible. The foregoing, since when this amparo was filed (December 14, 2025), an excessive and unreasonable period had not elapsed for said request to be resolved. Note that, by then, only ten days had passed since the measure in question was filed. Thus, this Chamber considers that this aspect of the appeal has been filed prematurely.
In any case, it should be reiterated that the complaint that motivated the request for a precautionary measure was forwarded for its attention to the Ministry of Health since November 2025, which, in turn, was communicated to the protected party.
VII. NOTE FROM JUDGE CASTILLO VÍQUEZ, REGARDING PROMPT AND FULFILLED ADMINISTRATIVE JUSTICE
I have supported this Court's thesis that when the claimant alleges a violation of the right to prompt and fulfilled justice in the administrative venue, those who must hear the legal controversy are the Contentious-Administrative Courts and not this Chamber. Now, with the recent enactment of Law No. 9097, Ley de Regulación del Derecho de Petición, it has been established that this right is susceptible to judicial protection by means of the amparo appeal established by Article 32 of the Ley de la Jurisdicción Constitucional, in relation to Article 27 of the Political Constitution of the Republic of Costa Rica, in those cases where the petitioner considers that the material actions of the Administration, its administrative acts, or its response are affecting their fundamental rights. In my view, the recently enacted regulation does not imply that this Court must modify its jurisprudential line, which, based on numeral 7 of its Law, is exclusively responsible for defining its own competence.
Therefore, except for those constitutional-legal controversies that have been recognized by this same Chamber as exceptions, which can be heard in this jurisdiction through the constitutional guarantee process of amparo, in all other cases, and for the reasons given by this Court (Judgment No. 2008-02545 of 8:55 a.m. on February 22, 2008), the competent ones are the Judges of the contentious-administrative jurisdiction, all of which is in accordance with Article 25 of the American Convention on Human Rights, the Law of the Constitution (values, principles, and norms), and the corresponding legal norms based on a logical, systemic, and teleological interpretation of the legal system.
VIII. NOTE FROM JUDGE SALAZAR ALVARADO
In environmental matters, it is the criterion of the undersigned that, if there has already been intervention by the Public Administration, its knowledge and resolution corresponds to the contentious-administrative jurisdiction. However, I do address the merits of the matter when other rights of the persons affected by the source of pollution are at stake, among them, health, quality of life, and the right to enjoy a healthy and pollution-free environment (Article 50 of the Political Constitution), as is the case here, where the petitioner denounces the alleged sonic, light, and dust pollution produced at the sports complex of Dirección02, located in the canton of Heredia, a situation that significantly affects the petitioner, the protected person, and the neighbors. He argues that despite having processed the respective complaint before the Municipality of Heredia, the problem that afflicts him has not been solved.
The described situation constitutes an exception to my general position on this matter, which is why I deem it necessary for this Constitutional Court to analyze the merits of the matter, in order to verify or rule out the allegations of the petitioner.
IX. DOCUMENTATION PROVIDED TO THE FILE
The parties are warned that if any document has been provided on paper, as well as objects or evidence contained in any additional device of an electronic, computer, magnetic, optical, telematic nature or produced by new technologies, these must be withdrawn from the office within a maximum period of 30 business days counted from the notification of this judgment. Otherwise, all material not withdrawn within this period will be destroyed, according to the provisions of the "Reglamento sobre Expediente Electrónico ante el Poder Judicial," approved by the Corte Plena in session number 27-11 of August 22, 2011, Article XXVI and published in the Judicial Bulletin number 19 of January 26, 2012, as well as the agreement approved by the Consejo Superior del Poder Judicial, in session number 43-12 held on May 3, 2012, Article LXXXI.
THEREFORE:
The appeal is declared without merit. The respondent authorities of the Ministry of Health are to take note of what is indicated in the final part of considering V of this judgment. Judge Castillo Víquez sets down a note. Judge Salazar Alvarado sets down a note.
Fernando Castillo V.
President Fernando Cruz C.
Paul Rueda L.
Luis Fdo. Salazar A.
Jorge Araya G.
Anamari Garro V.
Ingrid Hess H.
FILE No. 25-039028-0007-CO Telephones: Telf01/ ALA-4TA (Telf02). Fax: Telf03 / Telf04. Electronic address: www.poder-judicial.go.cr/salaconstitucional. Address: (Dirección03, Dirección04, 100 mts.)
South of the Perpetuo Socorro church).
It is a faithful copy of the original - Taken from Nexus.PJ on: 07-05-2026 14:29:31.