Going to get into a legal fight in Costa Rica? Here is a great resource and it is free.
Most people do not know about the incredible Website of La Procuraduría General de la República, the attorney general’s office of Costa Rica. This authority is the superior juridical organ and public administration technician for the country. The attorneys of the Procuraduría represent the country in the legal matters when affairs of the state are at stake.
The Procuraduría Website hosts el Sistema Costarricense de Información Jurídica, Costa Rica’s judicial information source. It is part of the program of modernization of the administration of justice, funded by a loan from the Interamerican Development Bank.
The system includes legislation from as far back as 1821 with laws, executive decrees, international conventions, and treaties, along with regulations, rules, and by-laws to apply the law. Higher court decisions from appellate, cassation, and constitutional courts that form Costa Rica’s jurisprudence are all available online.
Navigating the Website is simple once one becomes familiar with its nuances. One aggravation is that not so complex searches end with incorrect or no results. It is better to keep the search criteria to no more than four keywords. The system is all in Spanish, and there are no translations available, but almost every document is downloadable as a file for offline study. It does nothing like the tax department's Website that hardly works.
This is a significant source to use when thinking about getting into a legal battle in Costa Rica. Courts here use the Napoleonic legal system. Napoleonic law’s foundation is ancient Roman law. That is, laws put into writing, so everyone can understand them. This means there is a law, rule, or regulation for everything.
This legal system is different from common law, which is a collection of laws and principles based on court precedent. Judges interpret laws and statutes, and the ruling of one judge may influence or even control the ruling of another.
If this is true, why is the information available at the Procuraduría important?
Because studying the rulings of judges and courts can increase probabilities of success in court.
Does this mean going to court in Costa Rica is like a crapshoot? Sometimes, yes! One judge or court can take the same law and decide based on it completely opposite to that of another judge or court.
However, through research, one can hypothesize outcomes because different court decisions by different judges can provide a feeling of how the legal decision makers perceive an issue.
Most foreigners have their ideas about how the court system here should work. They are the first to shout corruption when a case does not go their way.
It is best to stay out of court in Costa Rica. Legal fights can take years and drain financial resources and physical health fast. Most attorneys play the role of paper pusher and not strategist. Many lawyers do not know or use the resources at the Procuraduría or any other judicial information reference, for that matter.
Getting into a nasty legal action in Costa Rica is like two boys throwing mud pies over a fence. One throws one pie, and the other tosses two. Usually, this goes on geometrically, making lawyers wealthy. The lawyers are always on the fence, pointing to the next mud pie to pitch.
Courts in Costa Rica will be closed Dec. 23 to Jan. 16. but the Website will be there for research and study.
