Before production of a good constitutional chamber, so it incapacity to put a on lustration typified the latest Supreme Court’s modus operandi. In reality, between 1938 and you will 1989, the new was basically just 150 cases of unconstitutionality filed to your Best Court (versus 228 cases in the 1st twenty days of Sala IV’s life), 18 several thus lowest you to definitely, inside Legislative Assembly’s argument on the production of new Sala IV, specific magistrates argued up against the significance of good constitutional court. The latest chamber rapidly turned into a number one actor regarding political life of the nation because of its readiness so you can entertain claims of unconstitutionality, habeas corpus, and you may amparo. 19 The rapid metamorphosis out-of lifeless so you’re able to hyperactive could have been attributed to help you an excellent confluence from attributes of brand new Judge, including really open availableness, large meanings out-of reputation, plus the recreation of procedural rules, which have welcome they so you can give conclusion easily and quickly. 20

Brand new Sala IV, from the a straightforward most vote (five of seven magistrates), can also be laws people laws, decree, or action unconstitutional

Before, in order to claim a legislation unconstitutional needed a supermajority (two-thirds of your own complete Courtroom), hence then advised judicial deference with the common branches from authorities. 21 Its working rules stand in stark contrast to people away from the existing Supreme Legal, which tended to deny cases toward procedural rather than courtroom grounds. 22 it working an extremely limited definition of updates and you will, ceny feeld consistent with brand new civil-law customs, influenced just with admiration on instance earlier; it lay zero precedents. 23

The guidelines governing Sala IV was in fact built to facilitate accessibility new Legal, which have couple formal criteria and affordable. Someone when you look at the Costa Rica (despite citizenship, ages, or other classification) normally file an incident regarding amparo or habeas corpus 24 directly to your Sala IV, the best constitutional courtroom and no requirements you to a lower judge signal in the first instance. Individuals none of them court signal to help you document a situation, there aren’t any processing charge, and you can standing is really broadly realized. twenty five

Open availableness and streamlined measures keeps acceptance the newest constituencies to help you file instances rather than necessity of extreme service, info, otherwise serious knowledge of what the law states. This will be highly strange. Regarding the You.S. and you will Canada, legal rights hunters enjoys necessary well-financed and you can prepared support in order to sound its says. twenty-six In the Malawi, eg, given that Fidelis Kanyongolo and you will Siri Gloppen have indexed, the inability out-of marginalized groups so you can gather enough tips-and their general courtroom illiteracy-prevents these types of groups’ ability to sound their claims in legal. 27 And you can usage of constitutional justice inside Costa Rica really stands inside stark evaluate to your problem inside the equivalent popular regimes within the Latin America, such as Chile, where significant obstacles hinder immediate access towards Supreme Judge. twenty-eight It’s got much more in common that have Colombia, where in actuality the Constitutional Courtroom have comparable organization statutes in regards to the access and you may judge foregone conclusion and also ruled favorably toward many cases in regards to the marginalized teams, as well as gays and you may lesbians. 30

The brand new Sala IV has distributed which have much of brand new prereform Court’s concern to own procedural foregone conclusion possesses taken seriously article 27’s be certain that away from “versatility off petition, both collectively and you may directly, facing people public official otherwise authoritative organization additionally the directly to a quick response.”

It’s open 365 days per year, twenty-four hours each day, that have one to magistrate constantly into label to answer crisis instances

One of several Sala IV’s first rulings was in like out-of Trinidad Fuentes Ortega (labeled as Wear Trino), 31 who had offered shaven-frost drinks of a wooden cart away from Legislative Set-up having thirty-24 months. The guy confronted your order from the minister out-of protection to end trade in that place for the romantic proximity with the the new Mall de- la Democracia, where many brains out-of condition of one’s Americas was due to gather. The fresh Don Trino instance try essential in which delivered an enthusiastic very early and you may clear content the Courtroom try willing and in a position to protect the fresh new rights of perhaps the very very humble out of people against violation because of the authorities organizations, also against manager department steps. Additionally represented the first time that the manager is informed it must esteem private liberties during the creating and you may starting its rules.