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Res. 29269-2026 Sala Constitucional · Sala Constitucional · 30/07/2026
OutcomeResultado
At the applicant’s request, the Chamber treated the proceeding as withdrawn and ordered the case file archived, without deciding the environmental allegations on their merits.La Sala tuvo por desistido el recurso a solicitud de la parte recurrente y ordenó archivar el expediente, sin resolver el fondo de las alegaciones ambientales.
SummaryResumen
The applicant filed an amparo proceeding against the Municipality of San José and the National Institute of Housing and Urban Development (INVU), alleging that they had failed to meet the State’s duty under Article 50 of the Constitution to guarantee, defend, and preserve the right to a healthy and ecologically balanced environment concerning a green area in Urbanización Montealegre. The applicant also relied, among other arguments, on the principles of environmental non-regression and in dubio pro natura. However, the day after filing, the applicant expressly asked to withdraw the proceeding. The Constitutional Chamber (Sala Constitucional) granted that request under Article 52 of the Constitutional Jurisdiction Act and ordered the case file archived. The Chamber therefore did not decide the environmental allegations on their merits or rule that the authorities had breached Article 50. The ruling also directs that any documents or objects submitted be collected within 30 business days of notification; otherwise, they will be destroyed.La persona recurrente interpuso un recurso de amparo contra la Municipalidad de San José y el Instituto Nacional de Vivienda y Urbanismo (INVU), alegando que incumplieron el deber estatal del artículo 50 constitucional de garantizar, defender y preservar el derecho a un ambiente sano y ecológicamente equilibrado respecto de un área verde en Urbanización Montealegre. También invocó, entre otros argumentos, los principios de no regresión ambiental e in dubio pro natura. Sin embargo, al día siguiente de presentar el recurso, solicitó expresamente que se desistiera. La Sala Constitucional acogió la solicitud conforme al artículo 52 de la Ley de la Jurisdicción Constitucional y ordenó archivar el expediente. Por tanto, la Sala no resolvió el fondo de las alegaciones ambientales ni declaró si las autoridades incumplieron el artículo 50. La resolución previene además que los documentos u objetos aportados deben retirarse dentro de 30 días hábiles desde la notificación; de lo contrario, serán destruidos.
Key excerptExtracto clave
I.— ON THE APPLICANT’S REQUEST TO WITHDRAW. By a submission received by the Secretariat of this Chamber at 09:45 on 21 July 2026, the applicant expressly requested that this amparo proceeding be treated as withdrawn. Accordingly, pursuant to Article 52 of the Constitutional Jurisdiction Act, the case file must be archived. Therefore: The proceeding is deemed withdrawn. Archive the case file.I.- SOBRE LA SOLICITUD DE DESISTIMIENTO PRESENTADA POR EL RECURRENTE. Por escrito recibido en la Secretaría de esta Sala a las 09:45 horas del 21 de julio de 2026, el recurrente solicitó, de manera expresa, tener por desistido este proceso de amparo. En razón de lo anterior, de conformidad con el artículo 52 de la Ley de la Jurisdicción Constitucional, lo que procede es el archivo del expediente. Por tanto: Se tiene por desistido el recurso. Archívese el expediente.
Pull quotesCitas destacadas
"En razón de lo anterior, de conformidad con el artículo 52 de la Ley de la Jurisdicción Constitucional, lo que procede es el archivo del expediente."
"Accordingly, pursuant to Article 52 of the Constitutional Jurisdiction Act, the case file must be archived."
Considerando I
"En razón de lo anterior, de conformidad con el artículo 52 de la Ley de la Jurisdicción Constitucional, lo que procede es el archivo del expediente."
Considerando I
Full documentDocumento completo
CASE FILE No. 26-025947-0007-CO PROCEEDING: AMPARO PROCEEDING RULING No. 2026029269 CONSTITUTIONAL CHAMBER OF THE SUPREME COURT OF JUSTICE. San José, at 9:25 a.m. on 30 July 2026.
Amparo proceeding filed by Nombre01, identity card CED01, against the NATIONAL HOUSING AND URBAN PLANNING INSTITUTE and the MUNICIPALITY OF SAN JOSÉ.
Background:
A. Standing The applicant resides in Urbanización Montealegre, Zapote, San José, a circumstance that makes him a direct holder of the right to a healthy and ecologically balanced environment in its material and concrete dimension with respect to the area marked in green in that residential development. Article 50 of the Political Constitution recognizes that right for every person and grants them standing to report acts that infringe it and claim reparation for the harm caused. The applicant’s residential proximity to the specific ecological-environmental feature that gives material form to that right makes him an identifiable individual holder of the injury, without requiring proof of any additional special impact. Article 50 does not require the holder to prove measurable ecological harm: it requires the State to prove that it guaranteed, defended, and preserved the right. That burden rests with the respondents, not the applicant.
The applicant appears exclusively as the holder of the right that Article 50 recognizes for him with respect to this green area, and not as a representative of any collective, organization, or general environmental cause. This application does not seek to freeze the area’s current use or prevent its future development or transformation, but to ensure, with respect to this area and the applicant, compliance with the duty imposed by Article 50. Whether or not land-registry coordination requests were made among the applicant, the Defensoría de los Habitantes, the subdivider, or the Municipality does not alter that duty: it did not depend, and does not depend, on the applicant—who lacks legal standing to formalize title to the property himself—facilitating, promoting, or completing any land-registry procedure.
B. Injury The injury consists of deprivation of the effective and free enjoyment of the right to a healthy and ecologically balanced environment in its material and concrete dimension, caused by the respondents’ failure, during the documented period, to fulfill the duty imposed on them by Article 50 to guarantee, defend, and preserve that right. What should have been the free enjoyment of a guaranteed, defended, and preserved right became a need imposed by that failure. The applicant did not access the right freely and fully, but under the conditions produced by the absence of State protection. That deprivation is not abstract: it is concrete, identifiable in the applicant as a resident of the area, and evidenced by the documentary record produced by the respondents themselves. The injury continues and is current: the sworn report of 2024 confirmed it by formally denying before this Chamber that Article 50 had been violated, on the basis of categories unrelated to the duty that Article 50 imposes on the State to guarantee, defend, and preserve the right—a duty that the constitutional text itself does not make subject to any land-registry, cadastral, or ownership category. That affirmative denial—not a passive omission, but a formal statement made before this Chamber—is the act that consolidates and makes the constitutional injury current.
C. Grievance The grievance has two independent dimensions. The first is individual: the applicant bore the burdens generated by the failure to fulfill the duty imposed by Article 50 without being able to enjoy the right under the conditions of freedom and fullness that the article guarantees, and without being responsible for that burden. The second is concrete and documented by the respondents themselves: in 2024, under oath, the Municipality acknowledged that structures for sports activities exist in the area and were not built by it. The existence and use of those structures do not establish that the duty imposed by Article 50 was fulfilled with respect to this area: the de facto use of what is available there is not equivalent to the protection required by the law, and the applicant specifically challenges the failure to provide that protection for this same area. That gap—between what in fact exists in the area and the protection required by Article 50—is attributable to the respondents, who acknowledge in their own report both the existence of the structures and the Municipality’s lack of responsibility for them.
The existence of vegetation cover or percentages of green area does not constitute fulfillment of the duty imposed by Article 50. Article 50 sets no quantitative standards for vegetation cover: it imposes on the State the duty to guarantee, defend, and preserve the right in its concrete dimension for its holders. The constitutional inequity challenged by this application is not the absence of vegetation, but the failure to fulfill that duty. That asymmetry does not disappear or become neutralized by the existence of green cover, area metrics, cadastral classifications, or any other category unrelated to the duty imposed by Article 50 that seeks to replace the constitutionally relevant question: whether the right was effectively guaranteed, defended, and preserved for the applicant under the conditions required by Article 50.
The fact that the 2024 report invokes the use of these structures—built by third parties and not by the Municipality—as proof that there was no failure reveals the problem: the result of not exercising the duty to guarantee, defend, and preserve the right is offered as fulfillment of Article 50. The principle of environmental non-regression prohibits that result from becoming the standard for what Article 50 requires. The applicant is entitled to have any legitimate need related to the right to a healthy and ecologically balanced environment met under the conditions required by Article 50: effective guarantee, defense, and preservation of the right. He cannot be compelled to meet that need under conditions produced during the period when that duty was omitted, since that would impose on him, as his sole means of access to the right, precisely what constituted its deprivation. The State does not fulfill the duty imposed by Article 50 by offering the consequences of its own failure as a substitute.
D. Attribution to the State Attribution rests on two entities with distinct natures and powers. The Municipality of San José has territorial jurisdiction over the canton and direct responsibility for the area in relation to its community. INVU is the national technical entity for urban planning, with powers extending beyond the local level. Both operated within the sphere of ordinary administrative affairs without assuming the duty imposed by Article 50. INVU’s failure reveals a broader problem, since the duty imposed by Article 50 is not distributed among entities according to their administrative powers, nor may a national technical entity delegate it to the local government: it rests with the State as a whole. As stated in letter DU-UAC-Consulta No. 16JUN22, INVU responded in urban-planning terms, referring the matter to the local government for additional information without applying the relevant constitutional standard.
The fact that the entity with national technical powers in urban planning—not merely a local entity—responded on the same urban-planning plane as the local entity establishes that the failure is not a matter of geographic scope or the limited powers of a single entity: it is a failure replicated at two distinct levels of the State. This confirms that the duty imposed by Article 50 does not depend on the administrative allocation of powers among its bodies or on which one administers or has authority over the space, but binds the State as a whole to guarantee, preserve, and protect the right to a healthy and ecologically balanced environment.
INVU itself addressed the classification, with no distinction recorded among the green areas of the residential development according to its official plan, which rules out the [three green areas marked on the official map] being subject to differential treatment that would exempt the respondents from the duty imposed on them by Article 50 with respect to it. Attribution is objective: it does not require proof of intent or specific negligence, only that fulfillment of the duty imposed by Article 50 is not evidenced in the documents submitted by the respondents in this case file. Management of a physical space—maintenance, security, or other actions concerning the area—does not exhaust the guarantee, defense, or preservation of the right: these are distinct categories that Article 50 does not contemplate as fulfillment of that duty. Article 50 imposes a concrete result: that the right be effectively guaranteed, defended, and preserved for its holders.
That result is not evidenced in the documents submitted by the respondents in this case file. The internal contradiction documented in the case file—invoking categories unrelated to the duty under Article 50 to declare its fulfillment impossible, while simultaneously invoking the results of that absence to show that the right was not violated—grounds attribution in State evidence. The respondents cannot selectively invoke Article 50 to deny the injury when their own earlier documents establish that they acted within the sphere of ordinary administrative affairs without applying that article as a standard for their actions.
The fact that the existing structures in the area were not built by the Municipality, as stated in its own sworn report of 2024, establishes that what occurred during the period of failure happened without documented fulfillment of the duty imposed by Article 50. The nature, category, or designation the respondents assign to the area marked in green cannot be invoked to relax that standard: Article 50 does not make the duty to guarantee, defend, and preserve the right conditional on any of those categories, nor does it limit the duty to what has been built. Given what has already occurred, the standard must be strengthened, not relaxed, and any uncertainty over whether that category or consequence fulfills the duty must be resolved in favor of protecting the right (and the applicant), under the principle of in dubio pro natura, not in favor of the respondents.
What happened during the period in which the respondents themselves documented the absence of land-registry and formal control over the property cannot be retroactively cured by a later classification, category, regulation, or rule: the absence of that formalization when the constitutional duty was enforceable is not remedied by declaring, years later, that the result of that absence is now compatible with Article 50. The uncertainty does not concern the physical existence of the area or the events that occurred—both are documented—but whether the State effectively fulfilled the duty imposed on it by Article 50 when that duty was constitutionally enforceable. That uncertainty, created by the State’s own failure, cannot be imposed on the applicant or resolved in favor of consequences produced during the period of omission; it must be resolved in favor of protecting the fundamental right, under the principle of in dubio pro natura.
This uncertainty is not a construction of the applicant’s: in the case file decided on 2 October 2024, this Chamber itself treated it as a proven fact that the area’s current configuration—both its composition and its cadastral classification—has existed since an “undetermined date.” If the record does not even show when what exists today originated, there is even less basis for maintaining that this result amounts to fulfillment of the duty Article 50 has required since 1994.
The uncertainty and the environmental non-regression considerations raised by this application relate exclusively and strictly to the green area marked on the official map of Urbanización Montealegre that is the subject of this proceeding. Nothing requested here seeks to reach, challenge, or create uncertainty concerning the private lots in that residential development, whose ownership, construction, and other matters are not part of this application’s subject matter and are not disputed by it. Any delay in guaranteeing, defending, and preserving the right imposed by Article 50 is attributable to the respondent State authorities, not private parties.
E. Specific Relief Sought The applicant asks this Chamber to declare that what is at stake in this case is not limited to the physical component of the green area identified [on the official map], but also concerns the very standard Article 50 imposes on the State—and not on any particular entity—to guarantee, defend, and preserve the right to a healthy and ecologically balanced environment, a standard whose force and enforceability extend beyond the respondents in this proceeding; to declare that the Municipality of San José and INVU failed to fulfill that duty; to declare that this failure creates no enabling title for subsequent actions and validates no situation produced while it persisted; to declare that no limitation of powers alleged by the respondents exempts the State from fulfilling that duty during the period already elapsed, even if such a limitation were valid to condition future actions; to declare that the applicant is entitled to effectively and freely enjoy that right without being required to overcome the consequences of the State’s failure through his own efforts; to declare that the tolerated or already consolidated use of the existing structures in the area marked in green—not built by the Municipality, according to its own 2024 report—while fulfillment of the duty imposed by Article 50 is not established, constitutes independent constitutional harm attributable to the respondents; to declare that the documented failure creates no right in favor of third parties identified in this case file that competes with the right enshrined in Article 50, but instead creates uncertainty as to the condition the ecological-environmental feature would have had if that duty had been fulfilled in a timely manner, an uncertainty that must be resolved in favor of its protection under the principle of in dubio pro natura, and not in favor of the conditions produced during the period of omission; to declare that responsibility arising from the proven failure, as provided by Article 50 itself, is not exhausted by measures the Municipality of San José and INVU may directly adopt, without prejudice to anything falling within the remit of other State bodies; and to order the respondents to adopt the measures necessary to effectively guarantee, defend, and preserve that right with respect to the applicant, without this Chamber ruling on the land-registry, cadastral, or ownership status of the property.
The applicant also asks the Chamber to declare that he may not be subjected to a new cycle of ordinary administrative procedures as a condition for effective enjoyment of the right guaranteed by Article 50, since each additional cycle in the ordinary administrative sphere without fulfillment of the constitutional duty consolidates the asymmetry already produced and aggravates the injury already documented by imposing on the applicant a new procedural burden not required by Article 50 and attributable to the respondents. It is recognized that when the State’s own failure creates uncertainty about the scope of the environmental protection owed, that uncertainty must be resolved in favor of the fundamental right and not in favor of the situation created during the omission.
The following facts are established exclusively by documents produced by the State entities themselves:
1. By letters ALCALDIA-A2-00826-2021, ALCALDIA-01754-2022, and DU-UAC-Consulta No. 16JUN22, the Municipality of San José and INVU based their actions concerning the green area of Urbanización Montealegre exclusively on land-registry, ownership, and urban-planning categories. The Municipality stated that it could not act because there was no land-registry registration and because the subdivider had failed to comply. INVU responded in urban-planning terms without assuming the duty imposed by Article 50 to guarantee, defend, and preserve that right for its holders.
2. In case file 11-011979-0007-CO, decided by this Chamber in ruling No. 2011016015, in an amparo proceeding brought by the same applicant against the Municipality of San José and the Health Area Office concerning noise pollution in this same area, both respondents based their sworn reports exclusively on procedural legality and technical compliance with regulatory thresholds, without addressing the duty imposed by Article 50 to guarantee, defend, and preserve the right. The Chamber expressly confined the subject matter of that application to noise pollution, without ruling on the area’s ecological-environmental purpose, a matter outside that proceeding and the exclusive subject of this one.
3. In its sworn report submitted to this Chamber in 2024, the Municipality of San José invoked Article 50 to deny that it had been violated, arguing that the area has green spaces and structures for outdoor activities that it did not build, and stating that there had been no failure. That statement does not establish fulfillment of the duty imposed by Article 50: it invokes the result of the period during which the respondents acted exclusively within the sphere of ordinary administrative affairs, ignoring the constitutional standard Article 50 has established since 1994 above that sphere. In 2021 and 2022, when that standard already applied, the respondents replaced it with land-registry and urban-planning categories—even in response to an express request for equal treatment among the green areas of Barrio Montealegre, which the Municipality did not resolve under Article 50 but instead referred to the principle of land-registry legality.
That same question of equality remains unanswered in the 2024 report: the Municipality invokes outdoor activities benefiting the canton’s residents generally, without addressing the unequal treatment among the areas marked in green on the Official Map that prompted the original request. If Article 50 is now to be read through those categories and the events during the period of omission, the standard established by that article has regressed from its own content: the protection now invoked as fulfillment rests on the result of a previously documented omission, not on effective fulfillment. That is not fulfillment of Article 50; it is documented proof of its regression, which the principle of environmental non-regression prohibits. The respondents’ own documents establish that the duty was not fulfilled during that period and that the time elapsed in that state of noncompliance is not neutral: it aggravates the failure.
4. When consulted, the Ministry of Environment and Energy (MINAE) stated that it lacked authority over the area because it was neither a National Park nor State Natural Heritage. Article 50 imposes on the State the duty to guarantee, defend, and preserve the right to a healthy and ecologically balanced environment without making it subject to those categories. Accordingly, MINAE’s declared lack of authority over this area did not exempt the Municipality of San José or INVU from assuming, in the exercise of their respective powers, the constitutional duty that Article 50 imposes on the State. The result was that constitutional environmental protection became subordinate to the administrative allocation of powers among the various State bodies, so the constitutional duty to protect the environment was not assumed in an integrated manner. (…)”
Prepared by Justice Castillo Víquez; and, Reasons:
In a brief received by the Secretariat of this Chamber at 09:45 on 21 July 2026, the applicant expressly requested that this amparo proceeding be deemed withdrawn. Accordingly, under Article 52 of the Law on Constitutional Jurisdiction, the case file must be archived. Therefore, in accordance with the foregoing, the request to withdraw is granted and the case file is ordered archived.
The parties are advised that any paper documents, as well as objects or evidence contained on any additional electronic, computer, magnetic, optical, telematic, or new-technology device they may have submitted, must be collected from the court within a maximum period of 30 working days from notification of this judgment. Otherwise, any material not collected within that period will be destroyed, pursuant to the “Regulations on the Electronic Case File before the Judiciary,” approved by the Full Court at session No. 27-11 of 22 August 2011, Article XXVI, and published in Judicial Bulletin No. 19 of 26 January 2012, as well as the resolution approved by the Higher Council of the Judiciary at session No. 43-12 held on 3 May 2012, Article LXXXI.
Therefore:
The application is deemed withdrawn. The case file shall be archived.
Fernando Castillo V.
President Fernando Cruz C.
Paul Rueda L.
Luis Fdo. Salazar A.
Jorge Araya G.
Anamari Garro V.
Ingrid Hess H.
CASE FILE No. 26-025947-0007-CO Telephone: 2549-1500 / 800-SALA-4TA (800-7252-482). Fax: 2220-4607 / 2220-4844. Email address: www.poder-judicial.go.cr/salaconstitucional. Address: (Dirección01).
EXPEDIENTE N° 26-025947-0007-CO PROCESO: RECURSO DE AMPARO RESOLUCIÓN Nº 2026029269 SALA CONSTITUCIONAL DE LA CORTE SUPREMA DE JUSTICIA. San José, a las nueve horas veinticinco minutos del treinta de julio de dos mil veintiseis .
Recurso de amparo interpuesto por Nombre01, cédula de identidad CED01, contra el INSTITUTO NACIONAL DE VIVIENDA Y URBANISMO, MUNICIPALIDAD DE SAN JOSÉ.
Resultando:
Redacta el Magistrado Castillo Víquez; y,
Considerando:
Por escrito recibido en la Secretaría de esta Sala a las 09:45 horas del 21 de julio de 2026, el recurrente solicitó, de manera expresa, tener por desistido este proceso de amparo. En razón de lo anterior, de conformidad con el artículo 52 de la Ley de la Jurisdicción Constitucional, lo que procede es el archivo del expediente. Así las cosas, de conformidad con lo expuesto, se acoge la solicitud de desistimiento y se ordena archivar el expediente.
Se previene a las partes que de haber aportado algún documento en papel, así como objetos o pruebas contenidas en algún dispositivo adicional de carácter electrónico, informático, magnético, óptico, telemático o producido por nuevas tecnologías, estos deberán ser retirados del despacho en un plazo máximo de 30 días hábiles contados a partir de la notificación de esta sentencia. De lo contrario, será destruido todo aquel material que no sea retirado dentro de este plazo, según lo dispuesto en el "Reglamento sobre Expediente Electrónico ante el Poder Judicial", aprobado por la Corte Plena en sesión N° 27-11 del 22 de agosto del 2011, artículo XXVI y publicado en el Boletín Judicial número 19 del 26 de enero del 2012, así como en el acuerdo aprobado por el Consejo Superior del Poder Judicial, en la sesión N° 43-12 celebrada el 3 de mayo del 2012, artículo LXXXI.
Por tanto:
Se tiene por desistido el recurso. Archívese el expediente.
Fernando Castillo V.
Fernando Cruz C.
Paul Rueda L.
Luis Fdo. Salazar A.
Jorge Araya G.
Anamari Garro V.
Ingrid Hess H.
EXPEDIENTE N° 26-025947-0007-CO
Document not found. Documento no encontrado.