The Constitution of the Republic of Costa Rica is the supreme law of the country — no law, decree, or regulation can contradict it. It was decreed by the Constituent National Assembly and entered full force on November 8, 1949 (Articulo 197), repealing the previous one. This sheet summarizes the most frequently consulted topics, not the complete text (there are 197 articles plus transitional provisions).
Form of government (Articulo 1): Costa Rica is a democratic, free, independent, multietnic and pluricultural republic (as amended by Ley N.º 9305 of August 24, 2015, which added "multietnic and pluricultural" to the original text).
The Three Powers (Articulo 9): The government is popular, representative, participatory, alternative, and responsible. It is exercised by the people and three distinct and independent powers — the Legislative, the Executive, and the Judicial — and none can delegate the functions that belong to it. In addition, there is the Tribunal Supremo de Elecciones (TSE), with the same rank and independence as the State powers, exclusively responsible for organizing, directing, and overseeing everything related to voting.
- Poder Legislativo (Articulo 105): the power to legislate rests with the people, who delegate it to the Legislative Assembly through voting.
- Poder Ejecutivo (Articulo 130): it is exercised, in the name of the people, by the President of the Republic and the Ministers of Government as required collaborators.
- Poder Judicial (Articulo 152): it is exercised by the Supreme Court of Justice and the other courts established by law.
Constitutional Chamber / Chamber IV (Articulo 10): a specialized chamber of the Supreme Court of Justice declares, by absolute majority of its members, the unconstitutionality of norms and acts subject to Public Law. It also resolves jurisdictional conflicts between powers and consultations on constitutional or legal reform projects. Article 48 establishes the two remedies that this Chamber directly resolves: habeas corpus (to protect personal liberty and integrity) and amparo (to restore the enjoyment of other rights recognized in the Constitution or in international human rights instruments).
Most frequently consulted individual rights and guarantees (Title IV):
- Articulo 12: the Army is prohibited as a permanent institution — there are only police forces for public order, and military forces only by continental agreement or national defense, always subordinated to civil power.
- Articulo 21: human life is inviolable.
- Articulo 24: the right to privacy, freedom, and secrecy of communications is guaranteed — private documents and communications are inviolable except by judicial order in cases specified by law.
- Articulo 28: no one can be persecuted for their opinions or for acts that do not violate the law; private actions that do not harm morality or public order or harm third parties are outside the reach of the law.
- Articulo 33: every person is equal before the law — no discrimination contrary to human dignity may be practiced.
- Articulo 45: property is inviolable; it can only be taken from someone for legally proven public interest and with prior indemnification in accordance with the law.
Most frequently consulted social rights and guarantees (Title V):
- Articulo 56: work is an individual right and a social obligation; the State guarantees the free choice of work.
- Articulo 57: every worker has the right to a minimum wage set periodically; the wage must be equal for equal work under equal efficiency conditions.
- Articulo 58: the ordinary daytime workday cannot exceed 8 hours daily / 48 weekly; the nighttime, 6 hours daily / 36 weekly.
- Articulo 59: right to a day of rest after 6 consecutive days of work, and to paid annual vacation of at least 2 weeks for every 50 weeks of continuous service.
- Articulo 61: the right to strike of workers (and the shutdown of employers) is recognized, except in public services as regulated by law.
- Articulo 73: social insurance (sickness, disability, maternity, old age, death) is established through compulsory contributions from the State, employers, and workers — its administration is handled by the Caja Costarricense de Seguro Social (CCSS).
How the Constitution is amended (Title XVII):
- Partial amendment (Articulo 195): it is proposed by the Legislative Assembly (with the signatures of at least 10 deputies or 5% of the electoral roll), goes through reading, a reviewing committee, and must be approved by a vote of no less than two-thirds of the total Assembly; then it goes to the Executive Power and is discussed again in the next legislature. Since the reform of Ley N.º 8281 (2002), a partially approved amendment can also be submitted to a referendum if two-thirds of the Assembly agree.
- General amendment (Articulo 196): only a Constituent Assembly specifically convened for that purpose can make it, through a law approved by at least two-thirds of the Legislative Assembly (this convening law does not require Executive sanction).
Note: this sheet summarizes the most consulted constitutional topics for everyday procedures and rights. The Constitution also includes, as annexes in the same official publication, the Ley de la Jurisdiccion Constitucional (which regulates in detail habeas corpus, amparo, and the action of unconstitutionality) and the Ley de Iniciativa Popular — neither of these is covered in this sheet yet. For a specific constitutional case, it is advisable to consult a lawyer or go directly to the Sala Constitucional.
COLIBRÍ CR