Countries › Costa Rica › Guide › 14. Disputes › Amparo and constitutional challenges in Costa Rica: the Sala Constitucional, two month deadline, suspension and damages

Amparo and constitutional challenges in Costa Rica: the Sala Constitucional, two month deadline, suspension and damages

Last verified: 2026-10-29 · Status: Stable

The Sala Constitucional of the Supreme Court hears amparo claims against public bodies, and against private parties acting with public powers or in a position of power, for violations of fundamental rights. The claim has no formalities and may be filed while the violation lasts and up to two months after its effects end, or within two months for purely patrimonial rights. Filing suspends the challenged act for the claimant, and a successful amparo includes an award of damages in the abstract, now liquidated before the contentious administrative court within four years.

Key facts

Amparo filing deadline	while the violation lasts and 2 months after; 2 months for patrimonial rights textLey 7135 art. 35, as of 2026-10-29 · in force
Filing suspends the act for the claimant	yes yes or noLey 7135 art. 41, as of 2026-10-29 · in force
Limitation to enforce amparo damages against public bodies	4 yearsLey 10702, as of 2026-10-29 · in force

The rule

1. Amparo protects fundamental rights and freedoms (other than those covered by habeas corpus) against any act, omission or material action of public servants and bodies that violated, violates or threatens to violate them.Ley 7135, Ley de la Jurisdicción Constitucional, art. 29, 1989-10-11 official text · verified 2026-10-29

2. Amparo may be filed at any time while the violation lasts and up to two months after its direct effects cease; for purely patrimonial rights or rights whose violation can be consented to, within two months from reliable knowledge; a lapsed amparo does not prevent challenging the act by other routes.Ley 7135, Ley de la Jurisdicción Constitucional, art. 35 and 36, 1989-10-11 official text · verified 2026-10-29

3. The claim needs no formalities or authentication; it must state the act or omission, the right violated, the authority responsible and the evidence.Ley 7135, Ley de la Jurisdicción Constitucional, art. 38, 1989-10-11 official text · verified 2026-10-29

4. Filing suspends application of the challenged act to the claimant, though in exceptionally serious cases the Sala may allow execution to continue where suspension would harm the public interest more.Ley 7135, Ley de la Jurisdicción Constitucional, art. 41, 1989-10-11 official text · verified 2026-10-29

5. A judgment granting amparo orders compensation for damages and costs in the abstract, against the State or the responsible entity and jointly the official in case of fraud or fault.Ley 7135, Ley de la Jurisdicción Constitucional, art. 51, 1989-10-11 official text · verified 2026-10-29

6. Amparo is also available against private parties exercising public functions or in a position of power where ordinary remedies are clearly insufficient or late.Ley 7135, Ley de la Jurisdicción Constitucional, art. 57, 1989-10-11 official text · verified 2026-10-29

7. Damages awarded in amparo and habeas corpus against public bodies are proven, liquidated and enforced before the Juzgado de lo Contencioso Administrativo, with a four year limitation from finality of the constitutional judgment.Ley 10702, reforming Ley 8508 art. 179, art. único, 2025-05-06 official text · verified 2026-10-29 · changed: Ley 10702 (La Gaceta 98, 30 May 2025) set a four year limitation for the enforcement claim on amparo damages.

8. An action of unconstitutionality against laws and general provisions requires a pending case in which the unconstitutionality is invoked, except for diffuse or collective interests or when filed by the Contralor, the Procurador, the Fiscal General or the Defensor de los Habitantes.Ley 7135, Ley de la Jurisdicción Constitucional, art. 73 and 75, 1989-10-11 official text · verified 2026-10-29

Worked example

A regulator blocks a company's operating permit without a hearing. The company files an amparo for due process at the Sala Constitucional within two months. Filing suspends the measure for the company; if granted, the company has four years from the judgment to claim the damages before the contentious administrative court.

Step by step

Identify the fundamental right and the specific act, omission or official.
File promptly: for patrimonial rights the two month term runs from reliable knowledge.
After a favourable ruling, start the damages liquidation within four years.

Common traps

Amparo is not the route for ordinary legality disputes; the Sala sends those to the contentious administrative courts.
For investors with treaty protection, a local amparo on the same measure may trigger fork in the road clauses.
Amparo against private companies only applies where they wield public powers or a position of power.

Sources

← Claims against the State in Costa Rica: contentious administrative courts, the one year deadline, interim measures and payment of judgmentsInsolvency in Costa Rica for creditors: the single concurso under Ley 9957, the collection stay, ranking, creditor votes and cross border recognition →

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