Before the production of an effective constitutional chamber, so it failure to get a toward lustration typified the brand new Best Court’s modus operandi. Indeed, ranging from 1938 and you can 1989, brand new was basically just 150 cases of unconstitutionality submitted on the Ultimate Court (compared to the 228 instances in the first twenty days of your Sala IV’s lifestyle), 18 a number therefore lowest you to, during the Legislative Assembly’s debate on the production of this new Sala IV, specific magistrates contended resistant to the significance of a great constitutional court. 19 The rapid metamorphosis from deceased in order to hyperactive might have been charged in order to good confluence out-of attributes of the latest Legal, as well as very discover accessibility, broad meanings out-of condition, additionally the entertainment out of procedural statutes, with welcome they so you can offer choices quickly and easily. 20

Brand new chamber easily became a prominent actor regarding the political life of the country simply because of its willingness so you’re able to captivate says away from unconstitutionality, habeas corpus, and you will amparo

Brand new Sala IV, by a simple most vote (four out-of eight magistrates), is also signal people rules, decree, otherwise step unconstitutional. Previously, to help you declare a rules unconstitutional requisite a good supermajority (two-thirds of complete Courtroom), hence further recommended official deference towards the popular twigs of regulators. 21 Its working rules substitute stark examine to people of the old Finest Courtroom, and therefore had a tendency to reject cases with the procedural instead of judge grounds. twenty two Moreover it operating a very limited definition of standing and you can, in keeping with brand new civil law community, influenced just with regard towards case earlier; it place zero precedents. 23

The newest Wear Trino case try important in which sent a keen very early and you will obvious message your Court is happy and you will in a position to protect the brand new legal rights regarding even the most simple regarding dealers facing infringement by bodies firms, even facing executive part actions

The principles governing Sala IV have been made to support the means to access the latest Courtroom, which have couple certified criteria and you may low cost. It is discover 365 months per year, twenty-four hours each day, that have that magistrate usually toward call to answer crisis times. Someone inside the Costa Rica (despite citizenship, many years, or any other group) can also be document an incident regarding amparo otherwise habeas corpus 24 yourself toward Sala IV, the greatest constitutional courtroom no specifications you to definitely a reduced legal code in the beginning. Anybody none of them judge sign so you can file an incident, there are not any filing charges, and you will position is extremely broadly know. 25

Discover availableness and you will sleek procedures possess anticipate the fresh new constituencies to help you document cases versus necessity of tall assistance, information, or serious comprehension of the law. This is certainly very uncommon. Regarding the U.S. and Canada, legal rights candidates enjoys necessary well financed and you can prepared service in order so you’re able to sound the says. twenty-six Within the Malawi, such, because the Fidelis Kanyongolo and you will Siri Gloppen have noted, the inability of marginalized groups so you’re able to gather sufficient information-as well as their standard legal illiteracy-hinders this type of groups’ capacity to voice its says from inside the legal. 27 And you will accessibility constitutional fairness within the Costa Rica really stands from inside the stark evaluate to your disease in the visiter le site web similar popular regimes inside Latin America, including Chile, in which extreme difficulties impede immediate access to your Supreme Legal. twenty eight It offers so much more in keeping having Colombia, where in actuality the Constitutional Judge has comparable institutional statutes about the supply and courtroom foregone conclusion and has governed absolutely into many cases concerning the marginalized groups, together with gays and lesbians. 29

Brand new Sala IV features distributed which have much of the newest prereform Court’s matter to have procedural foregone conclusion and also taken seriously article 27’s be certain that from “versatility from petition, one another collectively and privately, against any public official otherwise formal organization together with right to a fast response.”

One of several Sala IV’s earliest rulings was a student in favor from Trinidad Fuentes Ortega (also known as Wear Trino), 30 who’d sold bare-freeze products off a solid wood cart outside of the Legislative Set-up to possess thirty-2 years. The guy challenged an order on the minister out of shelter to eliminate trading in this area because of its romantic distance to your the new Mall de la Democracia, where lots of minds out of state of one’s Americas was in fact because of assemble. What’s more, it represented the 1st time that government is informed it should admiration individual legal rights in formulating and you may carrying out the principles.