The Ley de la Jurisdiccion Constitucional (Ley N.º 7135, of 1989) regulates in detail how the legal remedies protected by the Constitucion Politica are used in practice: habeas corpus, amparo, and the accion de inconstitucionalidad (action of unconstitutionality). All of them are resolved by the Sala Constitucional (Sala IV) of the Corte Suprema de Justicia, which is composed of 7 regular magistrates and 12 alternates (Articulo 4).
Habeas corpus (Titulo II, Articulos 15-28):
- What it is for: to protect personal liberty and integrity against acts or omissions by any authority, including judicial authority — this includes unlawful detentions, threats to liberty, and improper restrictions on the right to travel or to enter/leave the country.
- Who can file it: any person; it is not necessary to be the affected party.
- How it is filed: in writing (formal petition, telegram, or other written medium), without requiring legal authentication or an attorney.
- Deadlines: the named authority has a maximum of 3 days to submit a report (Articulo 19); if it fails to submit it on time, the alleged facts may be presumed true (Articulo 23). The Sala must rule within 5 days following the expiration of that period (Articulo 24).
- There is always a magistrate on call to receive it, even outside regular office hours, on weekends, or holidays (Articulo 5) — the Sala Constitucional has interpreted that all days and hours are business days/hours for filing it.
Amparo (Titulo III, Articulos 29-72):
- What it is for: to protect any fundamental right or freedom that is NOT covered by habeas corpus (for example, the right to petition, access to information, administrative due process).
- Who can file it: any person (Articulo 33).
- How it is filed: same as habeas corpus — in writing, without formal requirements or legal authentication, and without needing to exhaust administrative remedies first (Articulo 31 y 38).
- Deadline to file it: at any time while the violation remains active, and up to 2 months after its effects cease (Articulo 35). If the affected right is financial/property-related (something that can be waived/consented to), the deadline is 2 months from the moment the affected person had clear notice of the violation.
- When it DOES NOT apply (Articulo 30): against general laws (unless challenged alongside a specific act of application), against rulings of the Poder Judicial, against administrative acts that merely execute a court order, when the affected person consented to the action, or against acts of the Tribunal Supremo de Elecciones in electoral matters.
Accion de inconstitucionalidad (Titulo IV, Articulos 73-90): serves to challenge laws, general regulations, or acts that violate the Constitucion. Unlike habeas corpus and amparo, it generally requires an ongoing pending case in another proceeding (judicial, administrative, or even another habeas corpus/amparo) where unconstitutionality is raised as a defense for the affected right (Articulo 75). Exceptions that DO NOT require a pending prior case:
- Cases where there is no direct individual injury, or where diffuse or collective interests are involved.
- The Contralor General de la Republica, the Procurador General de la Republica, the Fiscal General de la Republica, and the Defensoria de los Habitantes can file it directly, without a prior case.
An accion de inconstitucionalidad cannot be filed against jurisdictional acts of the Poder Judicial nor against acts of the Tribunal Supremo de Elecciones in electoral matters (Articulo 74).
Note: this summary covers the general procedure for the three most frequently requested remedies. The law contains additional provisions on precautionary measures, enforcement of rulings, and the specific procedure for constitutional consultations (when the Asamblea Legislativa or a judge consults the Sala before passing a law or deciding a case) that are not covered here. To file any of these legal remedies in an actual case, the safest approach is to consult an attorney, although having one is not legally required.
COLIBRÍ CR