File: 25-036765-0007-CO CONSTITUTIONAL CHAMBER OF THE SUPREME COURT OF JUSTICE. San José, at nine thirty on the twenty-seventh of February two thousand twenty-six.
Amparo petition processed in file number CED01, filed by Name01, identity card CED03, Name02, identity card CED04, Name03, identity card CED05 and Name04, identity card CED06, against the MUNICIPALITY OF SAN RAMÓN, THE DISTRICT COUNCIL OF PEÑAS BLANCAS OF SAN RAMÓN, THE MINISTRY OF HEALTH, THE MINISTRY OF ENVIRONMENT AND ENERGY (MINAE), THE NATIONAL SYSTEM OF CONSERVATION AREAS (SINAC) AND THE NATIONAL ANIMAL HEALTH SERVICE (SENASA).
Whereas:
- 1By document incorporated into the digital file on November 24, 2025, the petitioners file an amparo petition. They state: "1. We, the undersigned, are older adults living in a community founded 30 years ago named: P.O.D.E.R S.A. (Pioneros de Occidente para el Deporte y la Recreación) in San Isidro de Peñas Blancas de San Ramón, which is about 200 meters from the property where a pig farm has been operating for months, normally housing between 50 and 150 animals. 2. We, the local neighbors, detected this Pig Farm on properties 2 547626-000, plan A-1535736-2011 and property 2 594436-000, plan A-2208496-2020, located at the address: 1 Km North and 300 meters East of the Cruz Roja of San Isidro de Penas Blancas. 3. Due to this, several complaints were filed regarding this activity that was generating nuisances and discomfort for us. 4. Following anonymous complaints from several neighbors, a joint inspection was carried out on July 31, 2025, with the participation of officials from the Ministry of Health, SENASA, Municipality of San Ramón, Intendancy of Peñas Blancas, Water Directorate of MINAE, and SINAC.In official communication DRRSCO-DARS-SR-RS-DVC-2426-2025, it was reported that the following was detected: "Small-scale pig farm, property of Mr. Name05. Production system with dry bedding. Area designated for composting of the solid waste generated; no Comprehensive Waste Management Program (Programa de Gestión Integral de Residuos, PGIR) has been submitted or approved pursuant to Law No. 8839 and its regulations." 5. Thus, through official communication DRRSCO-DARS-SR-RS-DVC-2426-2025 from the Ministry of Health, the following conclusions were indicated: "Observations by area Composting management in composting area measuring 0 0 b) with water for [ordinary], mixing with drinking water. The estimated volume of drinking water is less than 5 m3/day. These waters have not been characterized; laboratory sampling is recommended to determine if they comply with the wastewater classification under the Wastewater Discharge and Reuse Regulation (Reglamento de Vertido y Rehúso de Aguas Residuales, Executive Decree No. 33601-« 6.On August 13, 2025, engineer Marcelo Chavarría Chavaría of the Municipal District Council of Peñas Blancas of the canton of San Ramón sent official communication CMDPB-INGM-143-2025 to the Directorate of Urban Control of the Municipality of San Ramón to inquire whether the Municipality itself had granted the Land Use (Uso de Suelo) for the existing piggery, stating: "By means of this document, it is reported that on July 31, 2025, we carried out, at the request of SENASA, based in Ciudad Quesada, an accompaniment to assess the existing facilities of a piggery located on a property of Address01. Present at said accompaniment were representatives from the Ministry of Health, Water Directorate, SINAC, Municipality of San Ramon [Gustavo Gómez], our entity and, of course, SENASA." 7. Later, said official communication stated: "-The structure where the pigs are located is a single structure of several sheds joined by common hallways.Approximate area 150 m2. -Compost site is a roofed area of 81 m2. -Structures are located between properties 2 547626-000, plan A-1535736-2011 and property 2 594436-000, plan A-2208496-2020. A greater frequency of rotation and turning of the material is required; the humidity of the site must be taken into consideration. Implement temperature control and recording. Install fly traps to prevent attraction towards nearby residences. The operator expressed an intention to improve or relocate the dry bedding management; while it remains at the current location, it is necessary to implement measures to: Prevent material from being washed into stormwater channels. Improve flooring and containment of solid material. Reduce risks of contamination and vector proliferation. Water Management There are no gutters to collect stormwater, which causes [water] directed to the It should be noted that the respondents have appeared before the Municipal Council to obtain the land use permit for the pig farm to rectify aspects requested by SENASA." 8.Faced with this action, on September 2, 2025, the head of Urban Planning of the Municipality of San Ramón sent engineer Marcelo Chavaría Chavaría of the Municipal District Council of Peñas Blancas of the canton of San Ramón official communication MSR-AM-GM-DDU-PU-258-2025 which stated: "In relation to your inquiry about construction permits for properties 2-547626-000 (plan A-1535736-2011] and 2-594436-000 (plan A-2208496-2020), we inform you that we have not found records in our database. The determination of whether the corresponding permits are required falls under the competence of the Municipal District Council of Peñas Blancas." 9. Later, on September 5, 2025, engineer Salazar of SINAC sent official communication SINAC-ACAHN-DR-SCH-0286-2025 to engineer Marcelo Chavaría Chavaría of the Municipal District Council of Peñas Blancas of the canton of San Ramón, in which he stated: Randall Castro "In relation to official communication CARTA-SINAC-ACAHN-DR-SCH-848-2025, in which I note that 3 measurements were taken from the outermost part of the piggery infrastructure oriented to the northwest towards the water body.Of those 3 points, two were within the protection area of the water body, as indicated in the aforementioned communication, recalling that the protection area is 15 meters, the points 88 that appear in the communication must be withdrawn 3.9 m and 4.9 m, respectively." 10. Ms. Lisbeth Chaves Céspedes, in her capacity as head of the Cantonal Office of SENASA in Ciudad Quesada, told me the following: "Additionally, the operator has reported the cancellation of the Veterinary Operation Certificate (Certificado Veterinario de Operación, CVO) as a consequence of a process of Registry segregation of the property where the activity takes place. By virtue of the foregoing, he has proceeded to process a new permit before the competent authority, abandoning the required documentation that supports compliance with the technical, legal, and sanitary requirements for the development of the pig activity." 11.I understand then that the previous Veterinary Operation Certificate is cancelled, but that there is a new Veterinary Operation Certificate that was approved, and now for a larger-scale project, since recently they no longer have 5 animals, but rather have between 50 and 150 animals at the site. 12. To this day, although several neighbors have filed all these complaints, and although inspections have been carried out by SINAC, Ministry of Health, SENASA and Municipality of San Ramón, the piggery continues to operate, generating strong odors into the environment, as well as a problem with flies and contamination of the creek with untreated water. FIRST GROUND OF THE PETITION 1. Note how in the present matter, it is credited by official communication SINAC-ACAHN-DR-SCH-0286-2025 from engineer Salazar of SINAC that on properties 2 547626-000, plan A-1535736-2011 and property 2 594436-000, plan A-2208496-2020, there are open sheds or barns that encroach upon the protection area of a creek, which was communicated to engineer Marcelo Chavaría Chavaría of the Municipal District Council of Peñas Blancas of the canton of San Ramón, in which he literally said the following: Randall Castro "In relation to official communication CARTA-SINAC-ACAHN-DR-SCH-848-2025, in which I note that 3 measurements were taken from the outermost part of the piggery infrastructure oriented to the northwest towards the water body.Of those 3 points, two were within the protection area of the water body, as indicated in the aforementioned communication, recalling that the protection area is 15 meters, the points 88 that appear in the communication must be withdrawn 3.9 m and 4.9 m, respectively." 2. It should be noted that Article 34 of the Forestry Law (Ley Forestal) prohibits the cutting or removal of trees in the protection areas described in the previous article, except for projects declared by the Executive Branch as being of national convenience. 3. In this regard, the Constitutional Chamber has stated: "Regarding INVU, as the authority of that institution explained, in cases where a property is affected by a watercourse or spring (naciente) (which borders, crosses, or is within it), one must request from INVU the fluvial alignment or protection zone, which is the strip of land where it is not permitted to deforest, nor to carry out any construction that alters the environment and the flow of the watercourse.However, the approval or fluvial alignment to a captured spring (naciente) corresponds to the entity that is managing the water resource, which could be the Municipality of the canton if it is a municipal aqueduct, the ASADA, as in the present case, or failing that, the ICAA." (Judgment no. 8752-2020 of 9:30 a.m. on May 12, 2020) 4. In the present case, although the existence of sheds or barns that are encroaching upon the protection area of the creek is proven, according to official communication SINAC-ACAHN-DR-SCH-0286-2025 from engineer Randall Castro Salazar of SINAC on properties 2 547626-000, plan A-1535736-2011 and property 2 594436-000, plan A-2208496-2020; and what is serious is that, although the municipal authorities know about it, the situation continues. 5. It cannot be alleged that there exists any Decree of Public Interest and National Convenience here that authorizes the existence of these sheds for pig breeding.For Article 3 of the Forestry Law (Ley Forestal) establishes in subsection m) the definition of Activities of national convenience as follows: "Activities carried out by centralized State dependencies, autonomous institutions, or private enterprise, whose social benefits are greater than the socio-environmental costs. The balance shall be made through appropriate instruments." 6. Note thus, that in order to declare a project of Public Interest and National Convenience, it is required to demonstrate that the social benefits of said project are greater than the socio-environmental costs; and this balance must be made through the appropriate instruments. 7. It is clear then, that if there is no valid and effective Declaration of National Convenience containing the cost-benefit balance study, by which it is determined that the social benefits are greater than the socio-environmental costs of the project, then trees cannot be cut down or removed, and therefore, there is a practical and legal impediment to constructing sheds for pig breeding on these properties.And yet, the Municipality of San Ramón, although it has known about the problem since July of this year 2025, has not acted accordingly, ordering the demolition of the structures that were clearly built without permits, since according to the communications from Marcelo Chavaría Chavaría, the one from September 2025, he as engineer of the District of Peñas Blancas had not issued any permit for the construction of those sheds, nor had the engineering office of San Ramón done so. 8. In principle, the construction permits for those sheds should not have been granted, because on one hand they violate the 15-meter setback area from the creek, furthermore, a piggery should not be able to be located in an area that has now become residential, and finally, nor could it be placed less than 300 meters from our community where many older adults live; yet, nevertheless, the sheds are getting larger and they have more pigs at the site.SECOND GROUND OF THE PETITION 1. In official communication DRRSCO-DARS-SR-RS-DVC-2426-2025 from the Ministry of Health, regarding the visit to the site in July, it was stated: “b) There are no gutters to collect stormwater, which causes mixing with drinking water. The estimated volume of drinking water is less than 5 m3/day. These waters have not been characterized; laboratory sampling is recommended to determine if they comply with the classification as ordinary wastewater, according to the Wastewater Discharge and Reuse Regulation (Reglamento de Vertido y Rehúso de Aguas Residuales, Executive Decree No. 33601-« Water Management 2. Note how here the Ministry of Health acknowledges that waters from the piggery are being discharged into the creek, and, however, we have never been informed that laboratory tests will be performed, nor that the activity has been regularized. 3. Article three of the Latin American Declaration on Water provides: "The right to water is a fundamental right, inherent to human life and dignity.The population of the Latin American region is the holder of the fundamental right to water in adequate quantity and quality." 4. For its part, the United Nations Committee on Economic, Social and Cultural Rights confirms that States Parties have the fundamental obligation to ensure, as a minimum, the satisfaction of essential levels of each of the rights enunciated in the International Covenant on Economic, Social and Cultural Rights. In the Committee's view, at least some basic obligations regarding the right to water can be identified, which have immediate effect, among which it points out that States have the obligation to: "a) Ensure access to the minimum essential amount of water, that is sufficient and safe for personal and domestic uses and to prevent disease; b) Ensure the right of access to water and water facilities and services on a non-discriminatory basis, especially for vulnerable or marginalized groups; c) Ensure physical access to water facilities or services that provide a sufficient and regular supply of safe fresh water; that have a sufficient number of water outlets to avoid prohibitive waiting times; and that are at a reasonable distance from the household; d) Ensure that personal security is not threatened when persons have to go to obtain water; e) Ensure equitable distribution of all available water facilities and services; f) Adopt and implement a national water strategy and plan of action for the entire population; the strategy and plan of action should be formulated, and periodically reviewed, on the basis of (sic) a participatory and transparent process; they should provide methods, such as establishing indicators and benchmarks, by which progress can be closely monitored; the process by which the strategy and plan of action are devised, as well as their content, shall give particular attention to all vulnerable or marginalized groups; i) Take measures to prevent, treat and control diseases linked to water, in particular ensuring access to adequate sanitation services" 5.Thus, according to Gilbert Armijo in his work "The Human Right to Water: The Latin American Water Alternative", he stated: "The above implies that for all countries signatories to the Covenant on Economic, Social and Cultural Rights, these guidelines are binding, mandatory, and any person or group of persons who has been the victim of a violation of the right to water is entitled to go to national and international courts to have their rights restored." 6. It is clear from the preceding interpretation made by Judge Gilbert Armijo regarding the issue of water as a fundamental right, that the States must ensure that water sources, namely springs (nacientes), rivers, and creeks, are kept with the least possible contamination, because in this case, this creek is a tributary of the Río Peñas Blancas, which ultimately discharges into Lake Arenal, whose waters are used for hydroelectric generation and later, in the lowlands of Guanacaste, for irrigation, and therefore this contamination is affecting said activities. 7.Notwithstanding the above, the odors and nuisances persist, and the authorities are not doing anything to limit the contamination from said activity. THIRD GROUND OF THE PETITION 1. It is important to indicate that we in the community have not been informed of the holding of any public hearing for the approval of an Environmental Feasibility (Viabilidad Ambiental) to install a project for pig breeding on a commercial industrial scale at this site, which is what is happening at the site by having between 50 and 100 pigs. 2. In this regard, Constitutional Chamber judgment 13414 stated: "Thus, in this case, the petitioner is correct in accusing that the consultation with the communities that could be affected by the granting of the disputed exploitation concession has not been carried out. It is clear that the hearing that is missed must in any case take place prior to the approval of the environmental impact assessment (evaluación de impacto ambiental, EIA) by that Ministry of Environment and Energy.For this purpose, the administration must inform, in a broad, complete, and truthful manner, the communities that will be affected by the mining exploration and exploitation in their area of activity." 3. In the same sense, Constitutional Chamber judgment 2006-014421 stated: "For the above reasons, the interpretation of the petitioner that the obligation of the environmental impact assessment (evaluación de impacto ambiental, EIA) prior to the granting of the mining exploitation concession is excluded, is completely contrary to the principles that inform environmental law, in particular, to *in dubio pro natura* and the precautionary principle, as well as to the environmental public interest. Likewise, the corresponding public hearing must be held in the terms indicated in the judgment under review here." 4. From the judgment transcribed above, it is evident that, regarding this pig activity, the duty to carry out a prior Environmental Impact Assessment (Evaluación de Impacto Ambiental, EIA) is being absolutely disrespected, since it went from a small-scale pig activity for subsistence, to an industrial activity of up to 100 pigs, which is violating Article 50 of the Constitution, which in turn violates the Precautionary Principle. 5.Regarding the Precautionary Principle, in Considerando V of judgment 2006-08001 of the honorable Constitutional Chamber, it was stated: "In the case before us, the omission of the State bodies to act in accordance with the precautionary or prudent avoidance principle when granting the environmental feasibility permit for the company Tajo Cacao, without evaluating the harmful effects that the operation of this inflicts on the Zoo ave and the surrounding area, is denounced. Consequently, the case presented by the petitioner must be examined, in light of the previous considerations, regarding the particular situation of the operation of Tajo Cacao and the adjoining environmental projects. From the reports rendered under oath, it is apparent that the National Environmental Technical Secretariat granted Tajo Cacao the Environmental Feasibility (Viabilidad Ambiental) for its operation, based on the studies and documents presented by the project developer.The General Secretary affirms that as a body they relied on said studies to grant the respective environmental permits. In the report, it is admitted that the facilities of the projects to which the protected party refers are within the area of influence of the Tajo and that, regarding the measures and noise, they abided by the measurements presented and what was indicated regarding the noise caused by the machinery, this by the project developer. Taking into account what was set forth in the preceding Considerando, specifically regarding the precautionary principle, where in case there is a risk of serious or irreversible damage — or a doubt about it —, a precautionary measure must be adopted and even postpone the activity in question, it is inferred from the evidence provided that the officials of the National Environmental Technical Secretariat have failed in one of their main functions, which is to recommend the necessary actions to minimize the impact on the environment, as well as those technically suitable to recover it.It is also apparent from the file that the National Environmental Technical Secretariat has (sic) failed in its duty of care by not carrying out, by itself, the corresponding field inspections before issuing its decisions. The above, despite the fact that the General Secretary of the National Environmental Technical Secretariat alleges in his report that, by virtue of the complaint filed by the petitioner, a commission was created between August 25 and 29 of last year, being the year 2003, to investigate the particular situation and the influence of the Tajo on the species existing in the CRAVE, CRVST and PCVS ZOO-AVE projects; however, to date there is no proof in the file that the inspection has been carried out. Regarding the concession granted by the Directorate of Geology and Mines, as stated under oath, it was granted for meeting the legal requirements established for the purpose, among them the Environmental Feasibility (Viabilidad Ambiental) from the Environmental Technical Secretariat.Thus, the Chamber observes that in the specific case, action was not taken diligently and, on the contrary, from the evidence provided to the file and from the reports presented in the proceedings, especially from the report rendered by researchers from the University of Costa Rica, a clear doubt emerges regarding the harmful effect of the operation of Tajo Cacao on the fauna of the Zoo ave and nearby areas. Therefore, and in application of the pro-natura principle, it is necessary to grant the petition, since there exist reasonable and objective doubts brought to the knowledge of this Court by specialists in the matter, regarding whether the investigation and study carried out by the National Environmental Technical Secretariat has been deficient or incomplete to prevent environmental damage in the area." 6. From the judgment transcribed above, it is evident that regarding this pig activity, by going from a subsistence activity of less than 6 pigs, to currently having between 50 and 100, the Municipality of San Ramón should have notified SETENA to verify what instrument was necessary to approve said activity, but on the contrary, the owner is permitted to have these sheds without the impact on the surrounding environment being evaluated, because, as indicated, the protection area of the creek is being encroached upon and untreated wastewater is being discharged into its channel.FOURTH GROUND OF THE PETITION 1. In official communication DRRSCO-DARS-SR-RS-DVC-2426-2025 from the Ministry of Health, regarding the visit to the site in July, it was stated that in addition to these sheds with pigs, an area was located for composting but no Comprehensive Waste Management Program (Programa de Gestión Integral de Residuos, PGIR) has been submitted or approved; this situation is serious, because this is being carried out in an artisanal manner, and without supervision, it is even indicated that fly traps must be set, meaning that foul odors effectively exist in this activity, as pig excrement would be being handled empirically and without either the Municipality of San Ramon or the Ministry of Health verifying the treatment of the waste, nor the odors they produce. 2. In this sense, Article 62 of the Organic Environmental Law indicates: "Atmospheric pollution. Atmospheric pollution is considered to be the presence in the air, in concentrations higher than the established permissible levels, of solid particles, dust, smoke, vapor, gases, bad odors, radiation, noise, imperceptible acoustic waves, and other polluting agents that the Executive Branch defines as such in the regulations." 3.Regarding odor pollution, the Constitutional Chamber, in judgment 221-2010, processed in file 090156990007CO, in its operative part, literally says: «The petition is granted. María Luisa Ávila Agüero, in her capacity as Minister of Health, or whoever occupies the position in her stead, is ordered to immediately issue the necessary orders and take the pertinent measures within the scope of her competence, in order to definitively resolve the problem of environmental pollution produced by the company El Dorado S.A. regarding odor mitigation and vapor condensation.» 4. As in the case of the preceding judgment, in the present matter, we, the undersigned, regularly experience strong odors in our homes, and as no Comprehensive Waste Management Program (Programa de Gestión Integral de Residuos, PGIR) has been submitted or approved, nor is there an Environmental Assessment by SETENA that would have evaluated the site conditions in relation to the effects of the Pig activity and generation of odors, there are no provisions on the part of SETENA that allow evaluating these effects, nor mechanisms to prevent, reduce or mitigate them, nor even the mandatory operation of chemical perception systems for elements such as ammonium or ammonia in the environment, nor any environmental monitoring parameter.Therefore, it is clear that institutions such as the Municipality of San Ramón or the Ministry of Health have not addressed the situation with the seriousness it merits, because since July 2025 they have known firsthand about the existence of this piggery, but they refuse to exercise their competencies to rectify the situation and the environmental impact. RELIEF SOUGHT R 1. Pursuant to Articles 41 and 50 of the Political Constitution, and the cited jurisprudence of the Constitutional Chamber itself, I respectfully request that the Municipality of San Ramón be ordered to annul any permit or Land Use (Uso de Suelo) for the pig activity, given that the protection area of the creek is being encroached upon with the structures of the pig sheds, and it lacks the Environmental Feasibility (Viabilidad Ambiental) from SETENA, nor has it submitted or had approved a Comprehensive Waste Management Program (Programa de Gestión Integral de Residuos, PGIR). 2.I request that the Municipality of San Ramón be ordered to also carry out the demolitions of the structures that are encroaching upon the protection area of the creek. PRECAUTIONARY REQUEST 1. Pursuant to the Rio Declaration on Environment and Development, in its Principle 15, which establishes: "In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation," I respectfully request the Constitutional Chamber to urgently order the Municipality of San Ramon, SENASA, and the Ministry of Health to immediately order the closure of the pig activity given the irregularities indicated herein, until the merits of this Amparo Petition are resolved. 2.In this regard, judgment 000090-F-S1-2011 of the First Chamber stated: V.- As set forth in the citation made by the Court, with occasion of the preamble on the precautionary principle, from the transcribed precedent of the Constitutional Chamber (vote no. 17747-2006 of 2:37 p.m. on September 11, 2006), " ... when ordering restriction or intervention measures, the principle of proportionality must be respected, so that they are proportionate to the level of protection and the magnitude of the potential or eventual damage ... ". In this sense, the analysis of the censures touching on both principles and that of reasonableness is appropriate. In the contested judgment, reference is made to other precedents of the Constitutional Chamber (votes nos. 1250-99, 9773-00, 1711-01, 3880-03, 6322-03, 1923-2004), to justify that, in the specific case, the precautionary measure taken by the Administration is not afflicted with absolute nullity.This, by virtue of the precautionary principle and *in dubio pro-natura*, the State may adopt anticipated actions necessary to protect and conserve the environment and people's health when there is a risk of impact to them. By virtue of this, the judges are correct because, indeed, the report supplied by SETENA details not only the presence of environmental damage in the protection zone of the Río Virilla, due to the removal of vegetation, disrespect for the 50-meter strip along its length that prevented natural recovery or recovery through reforestation, and sediment and hydrocarbon washouts that altered its physicochemical qualities."
Also, regarding groundwater, due to the exposure of the Colima Superior aquifer, classified as irreversible damage to the environment, given the impossibility of returning to the initial or prior state. Apart from damages to the landscape and to public health that are also reported. In addition to this, possible environmental damages are set forth with respect to the Virilla River, the Zamora intake, occupational health, and, once again, groundwater, inasmuch as "... the opening of the aquifer on the East front could be causing decreases in water discharge at the local level. The Colima Superior aquifer presents high vulnerability due to its exposure and because it has a protection of at most 2 m in depth throughout the entire pit area. The eventual flooding and the presence of the ravine in the eastern sector, accumulation of aggregates and accumulation of asphalt remnants that are in the Protection Zone, are possible sources of contamination, not only microbiological but chemical" (folios 387 and 388).
The serious results of that study are confronted by the appellant with certain considerations expressed by Dr. Allan Astorga, for which, as indicated in the preceding Considerando, the judges, in order to assess the evidence as a whole and in accordance with sound judgment, determined to give greater value to the data derived from the SETENA report, and this Chamber finds no evidence that its value was overestimated, as is alleged in the challenge under review. Furthermore, as was also mentioned, the Court considered other elements of conviction, which the appellant did not even contest. In any case, for this Chamber, in accordance with the pronouncements of the Sala Constitucional that have been mentioned, when environmental damage or a negative environmental impact exists—aggravated, in this case, by the outcropping of the aquifer at risk—the precautionary measure decreed is always viable and appropriate.
This is so because of the danger presented by the aquifer and its implications for water resources and public health, in the face of irreparable or very difficult to repair damages, which is consistent with the criteria of proportionality and reasonableness that the appellant claims were not correctly applied. In any case, the scope of the precautionary principle must not be overlooked, insofar as it operates precisely (sic) on the basis of situations of doubt, risk, danger, or events that compromise the environmental surroundings. As stated by the Sala Constitucional, in the already mentioned judgment No. 1923-2004, which is aptly cited in the contested ruling, in accordance with paragraph 15 of the United Nations Conference on Environment and Development, or Rio Declaration, the precautionary approach shall be widely applied in order to protect the environment: "Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation." Likewise, regarding precept 11 of the Biodiversity Law, the preventive criterion is established, recognizing the vital importance of anticipating, warning of, and attacking the causes of biodiversity loss or its threats, and regarding the in dubio pro natura principle: "When there is danger or threat of serious or imminent harm to the elements of biodiversity and the knowledge associated with them, the absence of scientific certainty shall not be used as a reason for postponing the adoption of effective protection measures." On this matter, the Sala Constitucional explains, in vote No. 1250-99 of 11:24 a.m. on February 19, 1999, which is also recorded in the ruling under examination: "Prevention seeks to anticipate negative effects and ensure the protection, conservation, and adequate management of resources.
Consequently, the guiding principle of prevention is based on the need to take and assume all precautionary measures to avoid containing the possible impact on the environment or the health of people. Thus, in the event that there is a risk of serious or irreversible damage—or a doubt regarding it—a precautionary measure must be adopted and even the activity in question must be postponed." 3. Let the justices take note that the pig farming activity is invading the protection area of the ravine, is discharging waters without having permission to do so, and has neither submitted nor approved a Comprehensive Waste Management Program, all of which is causing strong odors and contamination of the waters of the ravine, that is, damage to the environment that is irreparable. 4. Note that granting this precautionary measure will fulfill Article 41 of the Political Constitution and related jurisprudence, which is cited in the prior vote of the First Chamber, such as judgments 1923-2004 and 17747-2006 of the Sala Constitucional, where it is indicated that when there is a risk of serious or irreversible damage—or a doubt regarding it—a precautionary measure must be adopted and even the activity must be postponed, which in this case is precisely the pig farming activity permitted by these institutions.”
- 2By a document filed on November 26, 2025 under file number 25-037012-0007-CO, the petitioners Nombre03 and Nombre04 filed an amparo appeal in the same terms as in the document incorporated into the digital file on November 24, 2025.
- 3By judgment No. 2025040662 of 9:43 a.m. on December 5, 2025, issued in case file 25-037012-0007-CO, it was ordered: “Por tanto: Let this AMPARO APPEAL be joined to the one being processed under case file number 25-036765-0007-CO before this Chamber.”
- 4By resolution of the Presidency of the Chamber at 10:00 a.m. on February 9, 2026, it was ordered: “In accordance with the provisions of resolution No. 2025040662 issued by this Chamber at nine hours forty-three minutes on December fifth, two thousand twenty-five, under case file No. 25-037012-0007-CO, and because there is identity regarding the respondent parties, the contested facts, and the protected legal interest, applying the principle of procedural economy, the amparo appeals filed by the petitioner parties and contained in the electronic file shall be processed jointly (...) under the terms of Articles 43, 44, and 45 of the Law of Constitutional Jurisdiction, the mayor and the head of Urban Planning, both of the Municipality of San Ramón; the director of the Governing Health Area of San Ramón, of the Ministry of Health; the district mayor and the head of the Engineering department, both of the District Council of Peñas Blancas of San Ramón; the director of Water of the Ministry of Environment and Energy (MINAE); the director of the Arenal-Huetar Norte Conservation Area, San Carlos-Los Chiles Subregion of the National System of Conservation Areas (SINAC), and the head of the Huetar Norte regional department of the National Animal Health Service (SENASA), are ordered to report on the facts alleged by the petitioner party (...) THE RESPONDENT AUTHORITIES ARE ORDERED TO ADOPT THE NECESSARY MEASURES TO SUPERVISE WHETHER OR NOT THE ENVIRONMENTAL AND HEALTH CONTAMINATION PROBLEMS ALLEGED BY THE PETITIONING PARTIES ARE OCCURRING, until the Chamber resolves the appeal in a judgment, or orders otherwise.”
- 5By a document incorporated into the digital file on February 12, 2026, Danny Olivares Rivera, in his capacity as acting director of the Water Directorate of MINAE, reports under oath. He explains: “On December 9, 2025, the amparo appeal under judicial file 25-035055-0007-CO, filed by Nombre06 AND OTHERS against the EXECUTIVE DIRECTOR OF THE NATIONAL SYSTEM OF CONSERVATION AREAS AND OTHERS, was notified. In this case file, the petitioners indicated: that they are residents of San Isidro de Peñas Blancas de San Ramón. That a pig farm has recently been operating near their properties on the farm of Mr. Nombre05. By official letter DA-2467-2025, dated December 11, 2025, a response was given to said amparo, reporting at that time on the actions that the Water Directorate had taken, stemming from the inspection carried out jointly with several institutions on July 31, 2025: officials from SENASA, the Municipality of San Ramón, SINAC, and the Water Directorate, and the existence of animals was verified.A pig farm operates on the site, and it employs a deep-bedding system and an area designated for composting. The conclusion of the information presented in that case file was the following: ‘An inspection was carried out along the banks of a body of water where no pipes or outflows from the pigsty were observed from which any type of discharge could be presumed.’ The facts reported at that time under the cited judicial file concern the same facts being investigated under this amparo being addressed. REGARDING THE PETITION OF THIS AMPARO APPEAL: To address this amparo appeal, an inspection was again carried out at the site on February 10, 2026, by officials of the San Juan Hydrological Unit, who, after the visit, generated report DA-UHSAN0195-2026, dated February 11, 2026. In this, they conclude practically the same as indicated in the response provided in the first amparo appeal according to the previous citations.And they state: ‘The pig establishment located on the property of Mr. Nombre07 operates under the deep-bedding system as a method of raising for all animals. No mixtures of excreta or waste were observed outside the pig compartments, nor outside the areas designated for the storage of wood shavings used as drying material, therefore no type of residual water generated was identified. The presence of specific water accumulations was verified in sectors outside the pigsties, attributable to rainwater runoff and spillage from drinking troughs located outside the deep-bedding area. It is highlighted that said water does not constitute a risk or a source of contamination, as no alterations or indications of water contamination were evidenced. A perimeter walk was conducted, without identifying accumulations of waste, pipes, channels, or wastewater discharges directed towards the nearest watercourse in a northeasterly direction.In accordance with the follow-up carried out at the site and what was verified in the field, no impact on the water resource caused by wastewater discharge from the operation of the inspected establishment was determined.’ PETITION Pursuant to the foregoing, we request that the appeal be dismissed with respect to the competencies of the Water Directorate. Let judicial files: 25-035055-0007-CO and 25-036765-0007-CO be joined from now on.”
- 6By a document incorporated into the digital file on February 12, 2026, Gabriela Jiménez Corrales and Leandro Quesada Castillo, respectively, mayor and head of Urban Development, both of the Municipality of San Ramón, report under oath. They explain: “Second: according to Official Letter MSR-AM-GM-DDU-071-2025 from Engineer Johnny Montoya Villalobos, Director of Urban Development of the Municipality of San Ramón, he indicates the following in this regard: I. REGARDING THE FACTS AND ADMINISTRATIVE MANAGEMENT In relation to the allegations presented by the petitioner party regarding the alleged lack of information and supervision of a pig farming activity in the District of Peñas Blancas, I declare the following: 1. Receipt and Processing: The formal request was sent to the Municipal Mayor's Office and forwarded to my office by email on November 6 by the official Stefany Rojas Campos. 2. Prior Response: It is a proven fact and is recorded in the municipal archives that this Local Government had already addressed the concerns of the District Municipal Council of Peñas Blancas and the petitioners.Through official letters MSR-AM-GM-DDU-PU-233-2025 of July 21, 2025, MSR-AM-GM-DDU-PU-258-2025 of September 2, 2025, and MSR-AM-GM-DDU-PU-323-2025 of October 30, 2025, they were clearly informed that: There are no records of construction permits in our archives for said work. The competence to grant and supervise such permits corresponds exclusively to the District Municipal Council of Peñas Blancas. 3. Reiteration of Lack of Competence: Both Arch. Leandro Quesada Castillo (Head of the Urban Planning Department), through the aforementioned official letters, and the undersigned through emails of November 14, 2025, have indicated in writing and verbally to the interested parties that the Municipality of San Ramón (central canton) is not the competent entity to process, approve, or deny land-use permits, construction licenses, or business licenses in the territorial jurisdiction of the Peñas Blancas District.II. LEGAL BASIS: LACK OF MATERIAL COMPETENCE AND PASSIVE LEGITIMATION It is essential for this Honorable Chamber to note that the appeal has been incorrectly directed against the Municipality of San Ramón with regard to the material supervision of the construction and the commercial activity. A. Functional Autonomy of the District Municipal Council Pursuant to Article 172 of the Political Constitution and Law No. 8173 (“General Law of District Municipal Councils”), the District Municipal Council of Peñas Blancas enjoys its own functional autonomy for the administration of its local interests and services. This includes, exclusively, urban and commercial control within its territorial limits. B. Current Regulatory Norms The separation of competencies is not merely theoretical but operational and regulatory. The Regulation of Procedures and Requirements of the Urban Planning Department of the Municipality of San Ramón, duly published in the Official Gazette La Gaceta, strictly establishes the exception for this district: 1.Land-Use Certificates: The regulation provides that, for the “particular case of the district of Peñas Blancas,” the procedure is outside the purview of the Municipality of San Ramón and must be carried out on the Council's website (Dirección02). 2. Approval of Plans: Likewise, the approval of survey plans and construction sketches for Peñas Blancas is managed directly on the digital platform of said District Council. Given the existence of an express norm that removes the competence of the Municipality of San Ramón to act in said territory in matters of urban planning, any intervention on our part would be vitiated by nullity due to lack of territorial and material competence. III. CONCLUSION AND PETITION Based on the foregoing, it is demonstrated that the Municipality of San Ramón has not violated any fundamental right of the petitioners, as it does not have the legal authority to act on the reported facts (pig farming activity in Peñas Blancas).The responsibility for supervision falls solely and exclusively on the District Municipal Council of Peñas Blancas, which also appears as a respondent. Therefore, I respectfully request this Honorable Chamber: 1. TO ACCEPT this report. 2. TO DISMISS the amparo appeal against the Municipality of San Ramón, due to evident lack of passive legitimation, the petitioners being required to address their claims before the District Mayoralty or the Engineering Department of the District Municipal Council of Peñas Blancas.” It is pertinent to note that, on December 11, 2025, this Administration rendered the corresponding report on this same factual matter under file 25-035055-0007-CO. Given the identity of object and cause between both matters, this Honorable Chamber is respectfully requested to order the joinder of the proceedings, in strict compliance with the Principle of Procedural Economy, in order to avoid contradictory resolutions and optimize the jurisdictional function.From the foregoing, it is clear that this Municipality, through Official Letters MSR-AM-GM-DDU-PU-233-2025, MSR-AM-GM-DDU-PU-258-2025, and MSR-AM-GM-DDU-PU-323-2025, has diligently addressed the petitioners' requests, promptly informing them of this entity's absolute lack of material and territorial competence over the District of Peñas Blancas. Pursuant to Law No. 8173 (Law Creating the District Municipal Council of Peñas Blancas) and its regulatory norms, the powers of urban control, granting of construction permits, and commercial licenses (business licenses) have been strictly removed from the sphere of competence of the Municipality of San Ramón, being exclusive and excluding attributions of the respective District Municipal Council. Consequently, lacking the legal authority to intervene in the pig farming activity subject to this appeal, there is no causal link or administrative omission that constitutes a violation of fundamental rights by this Municipality.Claim: Having stated the foregoing, this Municipal Corporation requests: 1- That this Amparo Appeal be dismissed with respect to the Municipality of San Ramón, on the grounds that a response was indeed provided and that it lacks competence to address the matter appealed. 2- That costs not be assessed against this Municipality of San Ramón.”
- 7By a document incorporated into the digital file on February 12, 2026, Johnny Montoya Villalobos, in his capacity as director of Urban Development of the Municipality of San Ramón, reports under oath. He indicates: “I. REGARDING THE FACTS AND ADMINISTRATIVE MANAGEMENT In relation to the allegations presented by the petitioner party regarding the alleged lack of information and supervision of a pig farming activity in the District of Peñas Blancas, I declare the following: 1. Receipt and Processing: The formal request was sent to the Municipal Mayor's Office and forwarded to my office by email on November 6 by the official Stefany Rojas Campos. 2. Prior Response: It is a proven fact and is recorded in the municipal archives that this Local Government had already addressed the concerns of the District Municipal Council of Peñas Blancas and the petitioners. Through official letters MSR-AM-GM-DDU-PU-233-2025 of July 21, 2025, MSR-AM-GM-DDU-PU-258-2025 of September 2, 2025, and MSR-AM-GM-DDU-PU-323-2025 of October 30, 2025, they were clearly informed that: ○ There are no records of construction permits in our archives for said work. ○ The competence to grant and supervise such permits corresponds exclusively to the District Municipal Council of Peñas Blancas. 3.Reiteration of Lack of Competence: Both Arch. Leandro Quesada Castillo (Head of the Urban Planning Department), through the aforementioned official letters, and the undersigned through emails of November 14, 2025, have indicated in writing and verbally to the interested parties that the Municipality of San Ramón (central canton) is not the competent entity to process, approve, or deny land-use permits, construction licenses, or business licenses in the territorial jurisdiction of the Peñas Blancas District. II. LEGAL BASIS: LACK OF MATERIAL COMPETENCE AND PASSIVE LEGITIMATION It is essential for this Honorable Chamber to note that the appeal has been incorrectly directed against the Municipality of San Ramón with regard to the material supervision of the construction and the commercial activity. A. Functional Autonomy of the District Municipal Council Pursuant to Article 172 of the Political Constitution and Law No. 8173 (“General Law of District Municipal Councils”), the District Municipal Council of Peñas Blancas enjoys its own functional autonomy for the administration of its local interests and services.This includes, exclusively, urban and commercial control within its territorial limits. B. Current Regulatory Norms The separation of competencies is not merely theoretical but operational and regulatory. The Regulation of Procedures and Requirements of the Urban Planning Department of the Municipality of San Ramón, duly published in the Official Gazette La Gaceta, strictly establishes the exception for this district: 1. Land-Use Certificates: The regulation provides that, for the “particular case of the district of Peñas Blancas,” the procedure is outside the purview of the Municipality of San Ramón and must be carried out on the Council's website (https://concejomunicipaldpb.go.cr). 2. Approval of Plans: Likewise, the approval of survey plans and construction sketches for Peñas Blancas is managed directly on the digital platform of said District Council. Given the existence of an express norm that removes the competence of the Municipality of San Ramón to act in said territory in matters of urban planning, any intervention on our part would be vitiated by nullity due to lack of territorial and material competence.III. CONCLUSION AND PETITION Based on the foregoing, it is demonstrated that the Municipality of San Ramón has not violated any fundamental right of the petitioners, as it does not have the legal authority to act on the reported facts (pig farming activity in Peñas Blancas). The responsibility for supervision falls solely and exclusively on the District Municipal Council of Peñas Blancas, which also appears as a respondent. Therefore, I respectfully request this Honorable Chamber: 1. TO ACCEPT this report. 2. TO DISMISS the amparo appeal against the Municipality of San Ramón, due to evident lack of passive legitimation, the petitioners being required to address their claims before the District Mayoralty or the Engineering Department of the District Municipal Council of Peñas Blancas.”
- 8By a document incorporated into the digital file on February 16, 2026, Ana Méndez Barrientos, in her capacity as director of the Governing Health Area of San Ramón, reports under oath. She states: “II. ACTIONS TAKEN BY AUTHORITIES OF THE GOVERNING HEALTH AREA OF SAN RAMÓN, MINISTRY OF HEALTH. Through technical report No. IT-MS-DRRSCO-DARS-SR-RS-0488-2026, dated February 10, 2026, addressed to the undersigned, Lic. Danny Villalobos Castro of the Health Regulation Process, Governing Health Area of San Ramón, details the following: ‘...I. PURPOSE OF THE REPORT In compliance with the order of the Sala Constitucional in the cited case file, a report is rendered on the actions taken by the Ministry of Health in relation to the pig farming activity located in San Isidro de Peñas Blancas de San Ramón, particularly regarding the reported nuisances from offensive odors and presence of flies, as well as other sanitary aspects verified on site.II. PRELIMINARY CLARIFICATIONS AND DELIMITATION OF COMPETENCIES 1. The Ministry of Health acts within the framework of its competencies of sanitary governance, prevention of risks to public health, and sanitary police power, including verification of sanitary conditions, vector control, and adoption of administrative measures when appropriate. 2. The Veterinary Operation Certificate (CVO) and its granting, modification, conditioning, or cancellation is the exclusive competence of the National Animal Health Service (SENASA), pursuant to Law No. 8495 and its regulatory norms. Consequently, this Ministry does not issue or cancel CVOs. 3. Notwithstanding the foregoing, this Ministry carries out its own sanitary actions and coordinates inter-institutionally when the situation warrants it. III. ADMINISTRATIVE CONTEXT: TWO DISTINCT MOMENTS From the analysis of the administrative file and institutional background, two moments are distinguished: 1) First moment (initial procedure associated with the prior CVO).The initial complaint was addressed (Complaint No. 191-2025); the inter-institutional visit of July 31, 2025, was participated in; and the institutional technical reports were issued and forwarded to SENASA as technical input. Based on inter-institutional coordination, SENASA adopted decisions within its competence regarding the CVO then in force. 2) Second moment (subsequent new facts: new operational context). After the cancellation of the prior CVO, knowledge was acquired of a new CVO issued by SENASA, a procedure in which this Ministry did not participate nor was it consulted. By virtue of this, and in the face of new requests/manifestations from neighbors, this Governing Health Area proceeded to carry out new actions as new facts, reactivating sanitary verification. IV. CURRENT ACTIONS OF THE MINISTRY OF HEALTH (NEW FACTS) 1. Sanitary verification visit On December 22, 2025, personnel from the Governing Health Area of San Ramón conducted a sanitary verification visit to the pig farming activity. 2.Findings regarding the core of the neighborhood nuisance: odors and flies During the on-site verification, it was verified that, at that specific moment of inspection, and in accordance with direct observation and environmental conditions: • No presence of persistent offensive bad odors attributable to the operation of the establishment was evidenced. • No significant proliferation of flies was evidenced in the inspected area, compared to what was reported in the initial stage of the case. It is stated for the record that the foregoing corresponds to the verification on the date and time of the inspection, without prejudice to the fact that, due to the nature of this type of activity, conditions may vary, which is why the Ministry keeps the case under follow-up as appropriate. 3. Additional relevant sanitary finding and adoption of measures During the same visit, a sanitary non-conformity related to the management of water from drinking troughs was identified, upon verifying conduction/discharge into the stormwater drainage system, a situation that constitutes a sanitary and environmental risk and warrants corrective measures within the scope of competence of the Ministry of Health.As a result of the visit, sanitary technical criteria No. DRRSCO-DARS-SR-RS-DVC-3865-2025, dated December 24, 2025, was issued, in which findings and technical recommendations were recorded. 4. Issuance of a Sanitary Order, notification, and current status (within deadline) Based on what was verified and the indicated technical criteria, the Ministry of Health issued Sanitary Order No. DRRSCO-DARS-SR-RS-DVC-3871-2025, dated December 31, 2025, by which corrective measures were ordered related to the implementation of an independent system for the adequate management of said waters and the prohibition of discharge into the stormwater system, granting deadlines for submission of a proposal and execution. The sanitary order was duly notified to the administered party on February 2, 2026, as recorded in the notification record provided. As of the date of this report, the order is in force and within the compliance deadline, with the file being kept under follow-up for subsequent verification. 5.Inter-institutional coordination and communication As part of the follow-up and coordination, this Ministry managed communication to SENASA to make known the sanitary actions and the sanitary order issued, for the appropriate purposes within the scope of the CVO. Likewise, communication was managed to the complaining person regarding the pertinent information about the actions taken, for the record in the file. V. CONCLUSIONS 1. The Ministry of Health has acted diligently, technically, and in a documented manner, within its legal scope and in coordination with other institutions when appropriate. 2. Regarding the central point reported (odors and flies), during the verification visit of December 22, 2025, it was verified that, at that moment, no presence of persistent offensive bad odors or significant proliferation of flies was evidenced, which was technically recorded. 3. Regardless of the foregoing, an objective sanitary non-conformity related to the management of water from drinking troughs was identified, which is why this Ministry exercised its sanitary police power, issuing and notifying Sanitary Order No. DRRSCO-DARS-SRRS-DVC-3871-2025, currently within the compliance deadline. 4.Consequently, there is no omission or inactivity attributable to this sanitary authority; on the contrary, concrete actions have been executed, including a formal administrative measure, with subsequent follow-up.’ IV. IN SUMMARY: Justices, from the comprehensive analysis of the actions of the Governing Health Area of San Ramón, two clearly differentiated moments are distinguished: a first moment linked to the initial complaint and the prior CVO, in which the Ministry of Health participated in an inter-institutional visit, issued technical criteria, and forwarded inputs to SENASA within the scope of its competencies, thus its administrative management concluded at that time; and a second subsequent moment, originated by new facts and a new operational context, which prompted new sanitary verifications. In this recent stage, through an inspection on December 22, 2025, the presence of persistent offensive odors or significant proliferation of flies was not verified at that moment; however, an objective non-conformity related to the management of water from drinking troughs was identified, which led to the issuance of Sanitary Order No. DRRSCODARS-SR-RS-DVC-3871-2025, currently in force and within the deadline granted for its compliance, with the file being maintained under technical and administrative follow-up.
It is important to note that these actions, including the issuance of the sanitary order, were carried out prior to the notification of this amparo appeal (N° 25-036765-0007-CO) on February 10, 2026, demonstrating that the health authority had already activated its oversight power and adopted formal measures within its competence and the legal timeframe granted by the General Public Administration Law. Consequently, no inactivity or omission attributable to the Ministry of Health that could constitute a violation of fundamental rights is observed; on the contrary, an ongoing administrative action, subject to deadlines and control, is verified, which further allows concluding that there is no current omission or certain and imminent threat attributable to this authority, as the administrative procedure is active and in the compliance phase. Furthermore, notwithstanding the foregoing, it must be specified that various aspects raised in the appeal are legally assigned to other administrative authorities.
Matters related to the issuance and validity of the Veterinary Operation Certificate (Certificado Veterinario de Operación, CVO) correspond to the National Animal Health Service (Servicio Nacional de Salud Animal, SENASA), pursuant to Law No. 8495; those related to land use, construction permits, and business licenses are the competence of the respective Municipality; and those linked to potential impacts on bodies of water, protection zones, or environmental matters correspond to the Ministry of Environment and Energy (Ministerio de Ambiente y Energía, MINAE), including the Water Directorate and, where applicable, the National System of Conservation Areas (Sistema Nacional de Áreas de Conservación, SINAC), as well as the National Environmental Technical Secretariat (Secretaría Técnica Nacional Ambiental, SETENA) when appropriate. The Ministry of Health intervenes exclusively in the realm of public health protection and sanitary control, in accordance with the General Health Law and applicable regulations.
V. LEGAL BASIS That pursuant to Article 11 of the Political Constitution and Article 11 of the General Public Administration Law, the Administration must act under the principles of legality, objectivity, and efficiency in the exercise of public function. The Constitutional Jurisdiction Law, the General Public Administration Law, as well as the General Health Law and its regulations, are invoked as applicable rules to the case, insofar as they establish the competencies, sanitary oversight powers, and principles of legality and proportionality that govern the actions of the Ministry of Health. (…) VII. PRAYER FOR RELIEF For the reasons of fact and law set forth, we respectfully request this Honorable Constitutional Chamber to: Declare the amparo appeal WITHOUT MERITS as regards the Ministry of Health, as no current violation or certain threat to fundamental rights attributable to this authority is configured.”
- 9By written submission incorporated into the digital case file on February 17, 2026, Keilyn Céspedes Chacón and Luis Chavarría Chavarría, in their respective capacities as district mayor and head of the Engineering Department, both of the Municipal District Council of Peñas Blancas, report under oath. They state: “BACKGROUND: Ms. Silvia León submitted a request to the Municipality of San Ramón on July 16, 2025, via a note asking whether said entity granted the land use permit for the construction of a pig farm at Dirección01 and the construction permit for said pig farm. The Urban Planning Department, on July 21, 2025, via official letter MSR-AM-GM-DDU-PU-233-2023, responded indicating that no land-use application, either approved or rejected, was found in the name of Nombre08, identity card CED07, for the property with cadastral map (1-2652521), nor for Mr. Nombre07, identity card CED08, for a property adjacent to that of Ms.Nombre08, located in the Peñas Blancas district of San Ramón. Ms. Silvia León submitted a request via email on July 30 to the following entities: San Ramón Health Governing Area Directorate Lisbeth Chaves Cespedes ...01, ...02" María Paula Alvarado ...03, Nancy Quesada (…) For the purpose of processing, on July 31, 2025, an inspection was conducted jointly with personnel from the San Ramón Health Area, personnel from SENASA Ciudad Quesada, personnel from SINAC, and the Municipality of San Ramón, at a property in the Peñas Blancas district located in the community of San Isidro to address the complaint regarding the pig farm. Each of the entities carried out the corresponding assessments and subsequently issued reports for the knowledge of other entities; the following is a detail of each entity: (…) - DRRSCO-DARA-SR-RS-DVC-2425-2025 Ministry of Health indicating the following: (…) In relation to the (sic) Municipal Council of Peñas Blancas, it conducted the pertinent inquiries to identify that the majority of the pig farm facilities are located on farm 2 594436-000 MAP A-2208496-2020, belonging, according to a registry study, to Mr.: Nombre09, minor MENOR NACIONAL, identity card CED02.(…) In this context, the Municipal Council of Peñas Blancas identifies that the slight encroachment on the protection zone identified by SINAC in official letter CARTA-SINACACAHN-DR-SCH-848-2025 is located on farm 2 547626-000 map A-1535736-2011 belonging to Nombre08. Once the properties were identified, a consultation was made to the Engineering Department of the Municipality of San Ramón under official letter CMDPB-INGM-143-2025 to verify the following: . (…) For which the Municipality of San Ramón, under official letter (sic) MSR-AM-GM-DDUPU-258-2025, indicated the following: (…) A land-use application was received for farm 2 594436-000 MAP A-2208496- 2020, belonging, according to a registry study, to Mr. Nombre09, for the establishment of a pig farm in order to submit it to SENASA and comply with the pertinent requirements. In accordance with the instructions issued by the Municipality of San Ramón, in the absence of a Regulatory Plan, the corresponding legislation in these cases applies, which is the Regulation on Pig Farms No. 37155-MAG, which literally cites the following: (…) Having established that the infrastructure located on farm 2 594436-000 MAP A-2208496-2020 was not subject to encroachment on a protection zone, and that, in our opinion, the distances indicated in Art. 8 of the Regulation on Pig Farms No. 37155-MAG had been met, and respecting what was indicated by the Municipality of San Ramón, which stated that there is no regulatory plan in the Canton of San Ramón, any procedure must be governed by current national legislation (official letter Oficio MSR-AM-GM-DDU-PU-258-2025); the land use was granted for farm 2 594436-000 MAP A-2208496-2020 for a pig farm under resolution number RESOLUCIÓN CD-PB-MSR-AM-DDU-PU-396-2025 dated September 16, 2025.It is noted that this authorization was only granted for farm 2 594436-000 MAP A-2208496-2020. Subsequent to the resolution, it is known that the interested party of the pig farm continued to submit all documents to the corresponding entities to obtain approval. Thereafter, an informative note was provided to SENASA by our entity to indicate the details related to the land use. Said report is CMDPB-INGM-205-2025, which literally states the following: “Under resolution CD-PB-MSR-AM-DDU-PU-396-2025, the property identified under A-2208496-2020, real property folio number 2 594436-000, in the name of Nombre09, receives approval to carry out pig and cattle production. The foregoing is granted considering the following aspects: 1-There is no Regulatory Plan in the district of Peñas Blancas, Canton of San Ramón. 2-No area incompatible with this activity is identified as adjacent to Mr. Nombre09's property. 3- As long as the setbacks stipulated in the Pig Farms Regulation 37155-MAG are met and the due follow-ups by the responsible entities (SENASA, MINISTRY OF HEALTH, etc.) are carried out, we find no argument to oppose this activity.Additionally, it is indicated that as a precaution for future aspects, the land use was granted conditional upon respecting the protection zone of an adjacent stream. As a relevant aspect, Mr. Randall Castro Salazar, Subregional Professional for San Carlos Los Chiles of SINAC, shares with us the letter CARTASINAC- ACAHN-DR-SCH-0286-2025 indicating that the setback for the protection zone is 15.00 meters. The following is attached: -The Land Use Resolution for Nombre09's farm. -The copy of the cadastral map for which the land use was granted, A-2208496-2020. -The letter CARTA-SINAC-ACAHN-DR-SCH-0286-2025 On October 28, 2025, a request was presented to the Municipal Council of Peñas Blancas by Ms. Silvia León to respond to some inquiries. A response to these inquiries was provided via official letter CMDPB-INGM-239-2025, indicating that more time was needed to respond adequately because the requests involve other entities.“In response to the requests to confirm the existence of the CVO permits from SENASA for the activity carried out, as well as the operating permit from the Ministry of Health, and the municipal business license; requests have been sent to the corresponding entities to confirm the existence of these permits and any information they deem pertinent. These requests were made on November 5, 2025, and said requests were shared to the email ...04. Regarding the other aspects cited in the official letter and considering that we are awaiting responses from other institutions, and that this is a complex case to resolve, we adhere to the provisions of Article 261 of Law 6227, which states the following: Article 261.- 1. The administrative procedure must be concluded, by final act, within two months after its initiation or, as applicable, after the filing of the claim or petition by the administered party, unless otherwise provided in this Law.” Additionally, to respond to this request, several notes were sent to different entities: Ministry of Health CMDPB-INGM-242-2025, Business License Officer CMDPB-INGM-243-2025, SENASA CMDPB-INGM-241-2025, and CMDPB-ING-283-2025 addressed to the Environmental Management Officer.Subsequently, on Tuesday, November 11, 2025, the Engineering Department and the Municipal District Mayor's Office were notified of the following agreement of the Municipal Council of the District of Peñas Blancas. AGREEMENT 01. In response to the request filed by Ms. Silvia León Cubero, regarding the pig farm located in the sector known as El Poder, in the community of San Isidro de Peñas Blancas, within the Farms, as indicated: 2-547626-000 and Telf01. This Municipal District Council of Peñas Blancas. AGREES: To request from the Engineering Department and the Administration of this Municipal Council a copy of the corresponding case file, as well as a report on the current status of the process and other pertinent information, for the purpose of having the necessary elements to issue a reasoned opinion. This agreement is exempted from committee proceedings and is declared definitively approved by unanimous vote, with five votes in favor.FIRM AGREEMENT. In response to the Municipal Agreement, a response was provided under official letter CMDPBINGM-278-2025, which states the following: This serves to respond to Agreement 01 of Minutes 52-2025, which literally states the following: AGREEMENT 01. In response to the request filed by Ms. Silvia León Cubero, regarding the pig farm located in the sector known as El Poder, in the community of San Isidro de Peñas Blancas, within the Farms, as indicated: 2-547626-000 and 2-594436-000. This Municipal District Council of Peñas Blancas. AGREES: To request from the Engineering Department and the Administration of this Municipal Council a copy of the corresponding case file, as well as a report on the current status of the process and other pertinent information, for the purpose of having the necessary elements to issue a reasoned opinion. This agreement is exempted from committee proceedings and is declared definitively approved by unanimous vote, with five votes in favor.FIRM AGREEMENT. The note submitted by the neighbors indicates the following: (…) Subsequently, on December 16, 2025, a response was given under official letter CMDPBINGM-289-2025 to Ms. Silvia León Cubero for the inquiries made in the official letter dated October 28, 2025, which states the following: (…) In none of the above does the National Emergency Commission rule that farm 2 594436-000 is very wet land. It should also be noted that Farm 2 594436-000 is bordered by a stream, and it is therefore indicated that, according to the Pig Farms Regulation, the corresponding setback must be complied with. d) The setback between the treatment system and the bodies of water that border or cross the property on which a pig farm is located must conform to the provisions of the Forestry Law No. 7575 of February 13, 1996, respecting at minimum those protection zones defined in this Law. Finally, reference is made to the following requests: Likewise, I would like you to confirm the existence of the CVO permits from SENASA for the activity carried out, as well as the operating permit from the Ministry of Health, the municipal business license if required, and the duly approved construction permits.In case such approved permits and licenses do not exist, I similarly request that you inform me of the actions the municipality will be taking for the purpose of regularizing the situation, in order to avoid potential harm to the neighbors and people in general, regarding their rights to enjoy a healthy and ecologically balanced environment, in light of the cited case law and regulations. A request for a copy of the CVO was sent to SENASA by email on November 5, 2025. To date, we have had no response; the request is being sent again. (…) WHEREAS: -Considering the allegations indicating that the construction permits for the sheds should not have been granted, since the 15-meter setback area from the stream was violated. It is noted that this Engineering Department of the Municipal Council of Peñas Blancas has no records of having granted construction permits for the pig farm sheds on the farms in question.And that, in accordance with Article 7 of the Pig Farms Regulation, they will be exempted from the construction plans because it is a small farm. A classification that the Ministry of Health has indicated in official letter DRRSCO-DARS-SR-RS-DVC-3321- 2025. “Article 7.- Installation. Any individual or legal entity wishing to install a pig farm must have the following: .. c) Construction plans for the facilities and the wastewater treatment systems, in accordance with the provisions of the Regulation for the Review of Construction Plans, Executive Decree No. 36550-MP-MIVAH-S-MEIC of April 28, 2011. In the case of subsistence and small producers, they will be exempted from the above requirements, but they must demonstrate that they have a treatment system as established in Annex No. 1, which ensures the adequate management of water and excreta in a manner that does not contaminate or cause nuisances. -In relation to the (sic) allegation indicating that the pig farm also should not have been located in a residential area, less than 300 meters away, where many older adults reside, it is noted that according to the guidelines indicated by the Municipality of San Ramón in official letter Oficio MSR-AM-GM-DDU-PU-258-2025; there is no Regulatory Plan in the Canton of San Ramón, so it cannot be asserted that the area where the pig farm in question is located is exclusively residential; it should be noted that other agricultural activities are carried out in the area, as indicated in report CMDPB-ING-289-2025.In the absence of a Regulatory Plan (Oficio MSR-AM-GM-DDU-PU-258-2025), to grant the requested land use, the instructions issued by the Municipality of San Ramón and national legislation were applied; among others, the distance regulations indicated by the Regulation on Pig Farms 37155-MAG are cited, which states the following: Article 8.- Distances. Pig farm facilities must maintain the following minimum distances: a) Sheds housing pigs: Not less than five (5) meters from adjacent property lines and public roads, measured horizontally. On land with steep slopes (greater than 30%), erodible or very wet, a horizontal distance of fifty (50) meters must be maintained. b) Not less than 500 meters, measured horizontally, from the nearest shed to the property boundaries with respect to health establishments, educational establishments, and establishments for the elderly. c) The wastewater treatment systems in these establishments must respect the setbacks from property boundaries established in Article 13 of Decree No. 31545-S-MINAE of October 9, 2003, "Regulation for the Approval of Wastewater Treatment Systems." d) The setback between the treatment system and the bodies of water that border or cross the property on which a pig farm is located must conform to the provisions of the Forestry Law No. 7575 of February 13, 1996, respecting at minimum those protection zones defined in this Law.This department considers that Dirección03 complied with these regulations and those ruled by SINAC; therefore, the land use was granted. Other aspects relating to the development of the activity, as the Ministry of Health has indicated, must be verified by SENASA or the Ministry of Health. DRRSCO-DARA-SR-RS-DVC-2425-2025 “For the purposes of better addressing and resolving this situation, it is recommended that this report be forwarded to Dr. Lisbeth Chaves Cespedes (email: ...01), an official of the National Animal Health Service (SENASA), Ciudad Quesada, so that, within the scope of her competencies, she may assess and take the corresponding actions regarding the indicated pig farming activity.” -Regarding the other allegations, we feel they are not relevant to our entity, although we have indeed made the requests to the Ministry of Health, SINAC, and SENASA to safeguard what is pertinent.Note the documents CMDPB-INGM143-2025, CMDP-INGM-205-2025, CMDPB-INGM-243-2025, CMDPB-INGM242-2025, CMDPB-INGM-241-2025, CMDPB-INGM-243-2025. Therefore: -Regarding the allegations presented, which indicate that the construction permits for the sheds should not have been granted, since the 15-meter setback area from the stream was violated. It was indicated that this Engineering Department of the Municipal Council of Peñas Blancas has no records of having granted construction permits for the pig farm sheds on the farms in question. And that, in accordance with Article 7 of the Pig Farms Regulation, they will be exempted from the construction plans because it is a small farm. A classification that the Ministry of Health has indicated in official letter DRRSCO-DARS-SR-RS-DVC-3321-2025. Furthermore, in relation to the (sic) allegation indicating that the pig farm also should not have been located in a residential area, less than 300 meters away, where many older adults reside, it was indicated that following the guidelines ruled by the Municipality of San Ramón (Oficio MSR-AM-GM-DDU-PU-258-2025); there is no Regulatory Plan in the Canton of San Ramón, so it cannot be asserted that the area where the pig farm in question is located is exclusively residential; it should be noted that other agricultural activities are carried out in the area, as indicated in report CMDPB-ING-289-2025.Moreover, in the absence of a Regulatory Plan, to grant the requested land use, national legislation was applied (Oficio MSRAM-GM-DDU-PU-258-2025 issued by the Municipality of San Ramón); among others, distance regulations indicated by the Regulation on Pig Farms 37155-MAG in its Art. 8 and what was stated by SINAC are cited. -Regarding the other allegations, we feel they are not relevant to our entity, although we have indeed made the requests to the Ministry of Health, SINAC, and SENASA to safeguard what is pertinent. Note the documents CMDPB-INGM143-2025, CMDP-INGM-205-2025, CMDPB-INGM-243-2025, CMDPB-INGM242-2025, CMDPB-INGM-241-2025, CMDPB-INGM-243-2025. Therefore, this entity states, with the support of what has been indicated, that its actions have not affected constitutional rights 41 and 50 of the appellants. Finally, in response to the precautionary measure imposed by the Constitutional Chamber, an inspection was conducted on February 16 at the farm, and report CMDPBINGM-038-2026 was prepared, which indicates, among other things, the following: During the inspection carried out, the following was observed: -No large quantities of flies are observed. -Fly traps are observed. -No strong odors emanating from the sheds housing the pigs are detected. -The constructions of Dirección03 comply with the 15-meter setback with respect to the protection zone.Regarding the (sic) management of Composting, laboratory sampling, management of drinking water, and other elements, we do not have the knowledge to provide an opinion on the matter; therefore, we hope to coordinate with the other respondents to verify compliance with what is required.”
- 10By written submission incorporated into the digital case file on February 17, 2026, José Sequeira Avalos, in his capacity as head of the Huetar Norte Regional Department of SENASA, reports under oath. He mentions: “FIRST: Law Number 8495 of April 6, 2006, called the "General Law of the National Animal Health Service," in its Article 6, subsection p), establishes within the competencies of SENASA, "(…) process and resolve citizen complaints filed in accordance with the terms of this Law and its Regulations." SECOND: The National Operations Directorate of SENASA formalized the Complaints Management process, which aims to "Establish guidelines for the proper management of activities related to all complaints filed by citizens, in accordance with the powers granted through Law No. 8495, and which formally enter SENASA through the National Operations Directorate." THIRD: SENASA is aware of the present case and has addressed the complaints filed in a timely manner, given that the promoter of the procedures and person responsible for organizing the complainants, who are the appellants in the accumulated case files, is Ms.Silvia León Cubero, and the response procedures have been directed to her, as will be cited below. FOURTH: Through official letter CARTA-DRHN-OCQ-SENASA-010-2025, this Cantonal Office informed Ms. Silvia León Cubero, in her capacity as representative of the appellants, that the administered party had complied with the sanitary orders previously issued by SENASA, within the scope of competence of this technical authority. (see exhibit 1) FIFTH: Subsequently, the administered party communicated that he would proceed to deactivate the valid Veterinary Operation Certificate (Certificado Veterinario de Operación, CVO) 202-265426, due to a property registry segregation process of the real estate where the pig farming activity is carried out. Consequently, he applied for a new CVO before this authority, providing the documentation required by current regulations. (see exhibit 2, CVO case file) SIXTH: It is important to specify that, with the new CVO application, the administered party deactivated the area that potentially presented observations regarding distances to a protection zone, while awaiting the definitive technical delimitation by SINAC.SEVENTH: Given this information, Ms. Nombre06 requested the case file for the new CVO, which was provided to her via CARTA-DRHN-OCQ-SENASA-011-2025. (see exhibit 3) EIGHTH: As demonstrated above, there has been diligent action both by the administered party in complying with what was ordered and by the Administration in addressing the complaints filed, acting and following up on the case to resolve the inconsistencies found, without any formal or material omission attributable to SENASA having occurred. Furthermore, the procedures carried out by the appellants, represented by Ms. Silvia León, have been notified and addressed. FACTUAL AND LEGAL CONSIDERATIONS For the purposes of addressing the present Amparo Appeal and as support for the Magistrates, so that there is a record of the approach to the case taken by SENASA, the Technical Inspections carried out at the denounced livestock establishment are detailed; additionally, the waste management system (dry bed system) implemented at this establishment will be explained, demonstrating that the situation expressed by the appellants regarding this livestock production is not possible.It is essential to clarify that the pig farming activity subject to the present appeal operates under the exclusive dry bed system, an activity that operates in accordance with Directive 004-2021-MAG, issued by the Ministry of Agriculture and Livestock and the National Animal Health Service. 1. What does the dry bed system consist of? Directive 004-2021-MAG authorizes the use of absorbent material placed on concrete floors in the pens, whose function is to absorb urine and solid excreta, prevent the generation of leachates, eliminate the production of wastewater, and prevent runoff to soils or bodies of water. (With this system, it is not necessary for the farm to have a water treatment plant or oxidation lagoon). The regulatory text itself establishes that, as no wastewater is generated, the dry bed system is equivalent to the wastewater treatment approved by the Ministry of Health, precisely because there is no liquid discharge into the environment.That is, no liquid effluents are produced, there are no discharges into streams, and no contaminated water is spilled. Consequently, technically, there can be no water contamination derived from the correctly implemented system (based on this explanation, the claim that there is contamination of the reported water sources is refuted). In the inspections carried out by MAG and SENASA, total cementing of pens, installation of perimeter pluvial conduction, absence of runoff, and a roofed and waterproofed composting area were verified. The absorbent material retains moisture within the pen and is subsequently subjected to controlled composting on the same farm. Therefore, there is no water connection between the productive activity and the stream mentioned by the appellant party. Regarding odors, Directive 004-2021-MAG establishes that the bedding must not become wet, a proportion of 60% dry area must be maintained, beneficial microorganisms and calcium carbonate must be applied at least 3 times per week, turning and moisture control must be carried out, and composting must reach temperatures of 55–60°C for pathogen elimination.In this specific case, the denounced administered party applies efficient microorganisms, uses calcium carbonate, carries out moisture controls, complies with the permitted animal density, uses medicated feed for larva control, and maintains adequate ventilation in the pens. Technically, bad odors on pig farms originate from the anaerobic decomposition of excreta in the presence of excess water. The dry bed system, by preventing the accumulation of liquids and anaerobic fermentation, significantly reduces the generation of gases such as ammonia and sulfides. For this reason, the Directive itself expressly states that this system reduces odors and environmental contamination. Regarding fly control, it should be noted that their proliferation occurs when there is exposed wet excreta, decomposing organic matter without treatment, or puddles or liquid waste. The Directive requires mandatory treatment through composting, moisture control, application of microorganisms, pathogen elimination by temperature, and prohibition of removing untreated bedding.In this case, the bedding is removed per production cycle, composted in a roofed area, turned weekly, treated with efficient microorganisms, and traps are used for vector control. The aerobic composting process eliminates conditions for fly reproduction, as it raises the temperature, stabilizes the organic matter, and prevents putrefactive fermentation. Therefore, technically, a source of vector proliferation is not configured, and those that manage to proliferate are controlled with traps. The dry bed system, correctly implemented and supervised, constitutes an environmental control mechanism that minimizes impacts and complies with current regulations. Now, in relation to the implementation of the dry bed system on the denounced pig farm, Engineer José Humberto Redonet Goodridge, Head of the Agricultural Extension Agency of MAG in La Tigra, issued official letter MAGDNEA-RDHN-AEA-La Tigra-0870-2025, dated July 31, 2025, derived from an inspection carried out on July 29, 2025.During said visit, partial compliance was noted in the following aspects: • Item 1.1: Total cementing of pens. • Item 1.5: Adequate conditioning of drinkers. • Item 1.7: Installation of perimeter pluvial conduction.
The technical observations were clearly detailed and notified, and corrective actions were established. Subsequently, by means of official communication MAG-DNEA-RDHN-AEA-La Tigra-0883-2025 dated December 10, 2025, the same official recorded that the indicated non-conformities had been corrected, verifying full compliance with items 1.1, 1.5, and 1.7 in accordance with Directive 004-2021-MAG. Therefore, it is accredited that a technical inspection did exist, corrective measures were indeed established, follow-up did occur, and subsequent compliance was indeed verified. Consequently, any assertion regarding a lack of supervision or technical approval is incorrect.
2. Regarding the requirements for granting the CVO For the issuance of the new Veterinary Operating Certificate (Certificado Veterinario de Operación, CVO), the regulated party provided the requirements demanded by institutional regulations, including: • Identification document. • Legal status (when applicable). • Literal certification of the property. • Lease agreement (if applicable). • Waste management plan (In the present case, a Dry Bed System approved by the MAG). • Land-use permit (permiso de uso de suelo). • Corresponding payment. • Environmental viability (viabilidad ambiental), when applicable. (In this case, it was not applicable for the reasons explained below) In the specific case, because it concerns an agricultural activity whose infrastructure does not exceed 1000 m², and in accordance with Directive SENASA-DG-D002-2014, the Environmental Viability issued by SETENA is not required. Said directive is based on: • Law No. 8495 (General Law of the National Animal Health Service). • General Regulation for the Granting of the CVO No. 34859-MAG. • Resolutions 583-2008 and 2653-2008 of SETENA.
Consequently, the non-requirement of environmental viability in this case does not constitute a material omission by the Administration, as alleged by the appellants, but rather the correct application of the current regulatory framework.
3. Regarding the potable water not consumed by the pigs. It is important to consider that the water the pigs consume is potable water; pigs must consume potable, clean, and fresh water to guarantee their health, well-being, and productive yield, as water is the most essential nutrient for their metabolic functions, thermoregulation, nutrient transport, and waste elimination. Adequate hydration is crucial for growth, as a loss of 10% of body water can be fatal. On the denounced farm, a "nipple" system is used, which is a metallic device that the pig presses with its snout so that water can come out and it can drink; once it stops pressing the device, the water stops flowing. It is logical that some of the water drips from the pig's snout and falls into the basin; that water is what is channeled to the drain, which directs it to the farm, but as explained, it is potable water, which does not pollute.
FINAL CONSIDERATION In this report, the most relevant actions executed by the National Animal Health Service (Servicio nacional de salud animal, SENASA) and the facts evidenced in addressing the complaint by the appellants are set forth, demonstrating that the alleged contamination does not exist. From the foregoing, it is clear that SENASA: • Acted within its legal powers. • Correctly applied current regulations. • Conducted technical inspections and follow-up. • Required the corresponding requirements. • Responded to the complainant in a timely manner. No formal or material actions or omissions are configured that violate Articles 41 or 50 of the Political Constitution or the rights of the appellants or the accused.
PETITION I respectfully request that the filed Amparo Appeal (Recurso de Amparo) be declared without merit in all its aspects, since from the foregoing it is clear that, regarding my represented party, it lacks foundation, because this National Service has addressed the complaint, issued the corresponding sanitary orders, followed up on them, and timely notified the representative of the appellants of the actions taken by SENASA, even providing copies of the respective files when they were requested by the same.”
- 11By document incorporated into the digital file on February 19, 2026, evidence is provided.
- 12By means of a certification signed on February 19, 2026, by the acting clerk and judicial technician 3, both of the Constitutional Chamber (Sala Constitucional), it is indicated that: “reviewed, at ten hours and fifty-four minutes on February nineteenth, two thousand twenty-six, in the Costa Rican judicial office management system, the control of received documents and this file, it did not appear that from 02/13/2026 to 02/17/2026, the DIRECTOR OF THE ARENAL-HUETAR NORTE CONSERVATION AREA, SAN CARLOS-LOS CHILES SUBREGION of SINAC had submitted any document or writing in order to render the report requested in the resolution issued at ten hours zero minutes on February ninth, two thousand twenty-six.”
- 13By document incorporated into the digital file on February 23, 2026, Mariana Jiménez Arce reports extemporaneously, in her capacity as Regional Director of the Arenal Huetar Norte Conservation Area of SINAC. She explains: “FIRST: In response to the facts motivating this appeal, SINAC, through the San Carlos–Los Chiles Subregion of the Arenal Huetar Norte Conservation Area, conducted a field inspection on August 31, 2025, at farms registration numbers [REDACTED] and [REDACTED], at the request of officials of the National Animal Health Service (Servicio Nacional de Sanidad Animal, SENASA). During said inspection, possible encroachments (invasiones) into the water protection area (área de protección hídrica) were identified. On that occasion, the measurements were taken using a satellite navigator, an instrument whose Expected Positioning Error (EPE) can reach ± three (03) meters, which generates a margin of technical uncertainty.SECOND: By virtue of the foregoing, and in order to guarantee technical precision and legal certainty, the intervention of Surveying Engineer Ricardo Colomer Olaya, an official of the Environmental Territorial Planning Office (Oficina de Ordenamiento Territorial Ambiental, OTA) of ACAHN, was requested, who carried out a topographic survey with a total station, an instrument that allows an approximate precision of five (05) centimeters. THIRD: By means of official communication SINAC-ACAHN-DR-OTA-289-2025, it was determined that: • The constructions located on farm [REDACTED] are found outside the fifteen (15) meter protection area measured horizontally from the bank of the water body. • Only a tube cut 40 cm from the ground with concrete was located, which does encroach upon the water protection area. FOURTH: Given this situation, and considering the nature of the impact, its magnitude, and persistence, Administrative Order SINAC-ACAHNSCH-OA-AZN-001 dated December 10, 2025, was issued under Article 99 subsection d) of the Organic Environmental Law No. 7554, granting a period of sixty (60) business days for the removal of the encroaching structure.Likewise, it was indicated that once the granted period expires —on March 4, 2026— a follow-up inspection will be conducted to verify compliance with the administrative order. FIFTH: From the foregoing, it is evident that the Administration acted with diligence, technical objectivity, and within the framework of its legal powers, conducting inspections, specialized technical verifications, and issuing the corresponding administrative orders. PETITION Based on the foregoing, having demonstrated that SINAC has carried out the pertinent technical and administrative actions, within the scope of its powers and guaranteeing the protection of the water resource, I respectfully request that the amparo appeal filed within file No. 25-036765-007-CO be declared without merit.”
- 14In the proceedings followed, the legal prescriptions have been observed.
Drafted by Magistrate Rueda Leal; and,
Considering:
I-. SOLE. In the sub examine, the petitioners assert that they have filed complaints before SINAC, the District Municipal Council of Peñas Blancas, the Ministry of Health, SENASA, the Water Directorate of MINAE, and the Municipality of San Ramón, because a pig farm generates strong odors, fly problems, and contamination of a stream (quebrada) with untreated water, which affects a healthy and ecologically balanced environment. Furthermore, they allege that, despite the neighbors' multiple efforts, the pig farm continues to operate, which is aggravated when considering that it fails to comply with the 15-meter setback area (área de retiro) from the stream and that it is less than 300 meters from where many older adults reside. Consequently, they request that any permit or land use for the pig activity be annulled, since the stream's protection area is being encroached upon, it does not have environmental viability, nor has a comprehensive waste management program been approved.
Now then, the Tribunal certifies that in file 25-035055-0007-CO, the same facts as in the sub examine are known; even the same filing document was formulated, only it was signed by other petitioners. In that sense, it is pertinent to indicate that in the procedural resolution of that matter, it was ordered: “in the terms of Articles 43, 44, and 45 of the Law of Constitutional Jurisdiction, inform the INTENDENT OF THE DISTRICT MUNICIPAL COUNCIL OF PEÑAS BLANCAS OF SAN RAMÓN, THE DIRECTOR OF THE GOVERNING HEALTH AREA OF SAN RAMÓN OF THE MINISTRY OF HEALTH, THE WATER DIRECTOR OF MINAE, THE MAYOR AND THE DIRECTOR OF URBAN DEVELOPMENT, BOTH OF THE MUNICIPALITY OF SAN RAMÓN, AND THE DIRECTOR OF THE ARENAL-HUETAR NORTE CONSERVATION AREA (ACAHN) SAN CARLOS-LOS CHILES SUBREGION OF SINAC, about the facts alleged by the petitioners, in summary: they are all older adults and neighbors of a community founded 30 years ago called Pioneros de Occidente para el Deporte y la Recreación (PODER, S.A.), located in San Isidro de Peñas Blancas de San Ramón.
They indicate that, months ago, a ‘pig farm’ has been operating about 200 meters from their property, on a farm belonging to Mr. Nombre05. On July 31, 2025, officials from the Ministry of Health, SENASA, the Municipality of San Ramón, the Intendancy of Peñas Blancas, the Water Directorate of MINAE, and the National System of Conservation Areas (Sistema Nacional de Áreas de Conservación, SINAC), conducted an inspection of said pig farm, an opportunity in which the existence of between 50 and 100 animals, a dry bed production system, and an area designated for composting without having a Comprehensive Waste Management Program in accordance with Law No. 8839 was verified. Report DRRSCO-DARS-SR-RS-DVC-2426-2025 from the Ministry of Health pointed out deficiencies in composting management, lack of vector control, lack of gutters for rainwater, mixing with drinking water, and lack of wastewater characterization, recommending sampling in accordance with the Regulation for the Discharge and Reuse of Wastewater.
On August 13 of this year, engineer Marcelo Chavarría from the District Municipal Council of Peñas Blancas sent official communication CMDPB-INGM-143-2025 to the Municipality of San Ramón inquiring about land-use and construction permits, in which he indicated that the structure of the sheds occupies approximately 150 m² and the composting area 81 m². On September 2 of this year, the local government of San Ramón responded through official communication MSR-AM-GM-DDU-PU-258-2025 that there were no records of construction permits and that the determination is the competence of the referred district municipal council, pointing out, additionally, the non-existence of a regulatory plan in the canton. On September 5, 2025, SINAC reported by official communication SINAC-ACAHN-DR-SCH-0286-2025 that two points of the infrastructure encroach upon the protection area of a stream, requiring a retreat of 3.9 m and 4.9 m, in accordance with Article 34 of the Forestry Law (Ley Forestal).
It was accredited that the previous Veterinary Operating Certificate was canceled and that a new one is being processed for a larger-scale project, without a public hearing having been held or Environmental Viability having been approved by SETENA, which violates Article 50 of the Constitution and the precautionary principle (principio precautorio). They allege that the activity continues to operate despite neighborhood complaints, generating odors, proliferation of flies, and contamination of the stream with untreated water. They consider that the foregoing violates their fundamental rights to water, as well as the precautionary principle and in dubio pro natura, by alleging encroachment upon the protection area, unauthorized water discharge, lack of a comprehensive waste management program, and lack of environmental assessment (evaluación ambiental). They request that the appeal be granted, any land-use permit given be annulled, the demolition of structures that encroach upon the stream be ordered, and, as an urgent precautionary measure, the pig activity be closed until the merits of the appeal are resolved.” Even the respondent authorities themselves, MINAE and the Municipality of San Ramón, indicate that they rendered the pertinent report in file 25-035055-0007-CO.
In sum, in order to avoid contradictory pronouncements, what is appropriate is to consolidate this matter with amparo appeal 25-035055-0007-CO.
Therefore:
This matter is consolidated with the amparo appeal being processed before this Chamber in file 25-035055-0007-CO.
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. 25-036765-0007-CO Telephones: Telf02 / ALA-4TA (Telf03). Fax: Telf04 / Telf05. Electronic address: www.poder-judicial.go.cr/salaconstitucional. Address: (Address04, Address05, 100 mts. South of the Perpetuo Socorro church).
It is a faithful copy of the original - Taken from Nexus.PJ on: 05-07-2026 14:25:07.