As an active attorney working closely with expats in Costa Rica, I always stress the importance of understanding the country’s legal and constitutional framework. These aren’t just technical details—they reflect the values and unique way of life that define Costa Rica.
Our 1949 Constitution, shaped by a remarkable history, embodies principles of equality, democracy, and peace that continue to guide us today. For anyone planning to move here, getting familiar with these foundations is a vital first step toward a smooth and rewarding transition.
The laws and constitution of a country reflect the innermost characteristics and way of life of its people. In Costa Rica’s case, all of these add up to a distinctive present reality that captivates and embraces both visitors and residents.
In the decades before the 1821 independence, the inhabitants of this small, deprived part of Spanish America took advantage of certain apparent misfortunes: being the farthest territory from the “Capitanía General de Guatemala,” having a sparse indigenous and total population, and few sources of gold, to develop the roots of self-governance and social equality that would later define the post-independence years.
Afterwards, in 1869, Costa Rica, as a republic, prioritized education by establishing mandatory free preschool, basic general, and diversified education paid for by the state and applicable to both boys and girls. In a poor, agriculturally based economy, this progressive policy brought together children from different social economic backgrounds, which contributed to the creation of a more equal society and a stronger middle class. Moreover, in the 1940s, it was determined that the state would provide assets and income to the four public universities.
In response to the political turmoil of the early 1940s, Costa Ricans agreed on implementing the so-called « Social Guarantees, » which include the enactment of the labor code, limitations on the workday and work week, workers’ compensation, and other labor rights. Additionally, and of the utmost importance, the healthcare system was established and has evolved into an almost universal healthcare system today.
Join Fernando Alfaro in this must-watch YouTube interview for a deeper understanding of the topic!
Following the brief civil war in 1948, the leader of the victorious faction abolished the army as a permanent institution as soon as the conflict ended, a decision that has had lasting impacts on the nation and reflects our peace-oriented values.
The above-mentioned political turmoil and civil war ended with the proclamation of the 1949 political constitution, which has its roots in the Spanish Constitution of 1812, influenced by the Napoleonic invasion of Spain in 1808. The political constitution of 1949, which remains in effect today, introduces significant innovations that reflect the political views of the Costa Rican people.
These progressive measures, especially for their time, arise from Costa Rica’s unique history, which has shaped a distinct reality unlike that of its neighboring countries. The constitution incorporates several forward-thinking principles. These include mandatory free education—covering preschool, basic general, and diversified levels—financed by the state, as well as support for public universities, social guarantees, and universal healthcare.
Additionally, it establishes a robust political electoral democracy, highlighted by the creation of the Supreme Electoral Tribunal as a constitutional body and the implementation of universal mandatory suffrage. Other key innovations include the creation of a Constitutional Court and the Comptroller General of the Republic, ensuring transparency and accountability within the government.
Finally, the constitution establishes that the Government of the Republic is popular, representative, participatory, alternative and responsible. It is exercised by the people and three different and independent Powers. The Legislative, the Executive and the Judicial.
Costa Rica’s legal and constitutional framework is more than just a set of rules, it’s a testament to the country’s dedication to peace, equality, and opportunity. For those considering making Costa Rica their home, understanding these principles is essential for navigating life here successfully.
As an attorney, I am here to assist you with any legal questions or concerns you may have about living or settling in Costa Rica. Feel free to reach out to me by clicking here for any guidance — I’m committed to helping you make this incredible country your home.
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