The legal system of Costa Rica
A civil-law system whose defining feature is the Sala Constitucional — the Fourth Chamber of the Supreme Court, created in 1989 — which hears amparo petitions with almost no formality: a letter, in any language, without a lawyer, is enough. That accessibility made Costa Rica one of the most heavily constitutionalised legal orders in the Americas, and the chamber's rulings bind everyone except itself.
Legal tradition
Costa Rica belongs to the civil law tradition. A civil-law system whose defining feature is the Sala Constitucional — the Fourth Chamber of the Supreme Court, created in 1989 — which hears amparo petitions with almost no formality: a letter, in any language, without a lawyer, is enough. That accessibility made Costa Rica one of the most heavily constitutionalised legal orders in the Americas, and the chamber's rulings bind everyone except itself.
How power is divided
Unitary, with seven provinces that have no legislative power. Municipalities have constitutionally guaranteed autonomy over local services and land use.
Where law comes from
- Constitution
- Supreme; Article 7 places ratified treaties above ordinary statutes.
- Statutes of the Legislative Assembly
- Single-chamber legislation.
- Codes
- Civil Code 1888, Labour Code 1943, Criminal Code 1970.
- Sala Constitucional precedent
- Article 13 of the Jurisdiction Act makes it binding erga omnes.
The legal profession
Practice requires enrolment with the Colegio de Abogados y Abogadas de Costa Rica, which holds disciplinary power. Notaries are lawyers holding a separate notarial licence supervised by the Dirección Nacional de Notariado.
Law by topic in Costa Rica
- Property & LandEqual ownership rights, but the maritime zone is differentForeigners have the same property rights as nationals, and title is held in a reliable public folio-real registry. The major exception is the maritime-terrestrial zone: the first 50 metres from the high-tide line is inalienable public land, and the next 150 metres can only be held under municipal concession.
- Immigration & NationalityRentista, pensionado and inversionista categoriesThe General Migration Act sets out temporary and permanent categories administered by the Dirección General de Migración y Extranjería. The pensionado, rentista and inversionista routes are the best-known, and after three years of temporary residence a holder may usually apply for permanent status.
- Employment & LabourLabour Code protection with aguinaldo and severanceThe 1943 Labour Code, substantially reformed in 2017, governs employment. Dismissal without just cause requires notice and severance (cesantía), and the 2017 reform created a fast-track procedure for discriminatory dismissal and recognised the right to strike with clearer limits in essential services.
- Constitutional LawThe most accessible amparo in the AmericasThe Sala Constitucional hears recursos de amparo with almost no formality: no lawyer, no fee, no prescribed form, and it may be filed in any language at any time. That design produces tens of thousands of filings a year and has made constitutional litigation the ordinary route for enforcing health, environmental and due-process rights.
- Business & CorporateCommercial Code companies plus a free-zone regimeThe sociedad anónima and the sociedad de responsabilidad limitada are the standard vehicles, both formed by notarial deed and registered at the Registro Nacional. The free-zone regime offers substantial tax relief for exporters and services, and is the backbone of the medical-device and shared-services sectors.
- Family LawFamily Code jurisdiction with same-sex marriage since 2020The Family Code governs marriage, divorce, filiation and support, and specialised family courts hear these matters. Same-sex marriage became lawful on 26 May 2020, following the Inter-American Court's advisory opinion OC-24/17 and a Sala Constitucional ruling giving the legislature a deadline.
- Criminal LawAccusatorial process with strong pre-trial protectionsThe Criminal Procedure Code of 1996 established an accusatorial oral system led by the Ministerio Público. Costa Rica abolished the death penalty in 1877 and has no life sentence; the maximum term is 50 years.
- Tax Law13% VAT and territorial income taxationThe 2018 fiscal reform (Ley 9635) replaced the old sales tax with a full value-added tax at 13% and modernised income tax. Costa Rica taxes on a territorial basis: only Costa Rican-source income is taxable, a feature that has drawn EU attention and produced targeted amendments on passive foreign income.
- Civil ProcedureOral civil procedure since the 2018 codeThe Civil Procedure Code (Ley 9342) took effect in October 2018, replacing a written process with oral hearings, concentrated evidence and stricter time limits. Contentious-administrative claims against the state follow a separate 2006 code.
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