REFLECTIONS ON THE PROCESS OF AMPARO DE LEGALIDAD IN COSTA RICA: REGULATIONS AND JURISPRUDENCE
DOI:
https://doi.org/10.15517/ybev7t77Keywords:
Amparo de legalidad, fundamental rights, judicial delay, contentious- administrative jurisdiction, American Convention on Human Rights.Abstract
This article examines the procedural mechanism known in Costa Rica as
amparo de legalidad, designed to safeguard the fundamental right to a prompt and
concluded administrative procedure. Through a doctrinal and jurisprudential analysis, it
traces the origins of this mechanism in constitutional case law, its subsequent development
under the contentious-administrative jurisdiction, and the criteria established by the
Constitutional Chamber and the Supreme Court. Particular attention is given to the judicial
delays that undermine the effectiveness of this remedy, which, despite its intended
simplicity and celerity, often extends over several years. Drawing on selected case studies
and empirical evidence, the article argues that such delays constitute a violation of Article
25.1 of the American Convention on Human Rights, which requires the availability of
simple and prompt judicial protection. Finally, it proposes interpretative and procedural criteria aimed at enhancing the efficiency of amparo de legalidad proceedings, aligning
them with constitutional guarantees and inter-American standards of judicial protection.
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