At Arista, we understand the importance of a correct management of the Administrative Procedures and in the Contentious-Administrative and Civil processes of the Treasury, the need for a clear resolution of any controversy with the competent authorities.
Our team of lawyers specialized in Administrative Law has vast experience in the resolution of these matters and provides personalized attention to meet the legal needs of each client.
We offer our services in all stages of the administrative procedures, from its opening ex officio or by a complaint filed, until its conclusion and the contentious judicial proceedings in all its stages.
Adequate representation before the respective authorities will allow you to effectively defend your rights and interests.
At Arista, we offer a complete service, we provide legal representation in all the stages that are developed in the Ordinary Administrative Procedure, which can be sanctioning (against a person or citizen, for example, in matters of tax or municipal sanctions, penalties or fines, among others) or disciplinary (against a public official, for example, suspensions or dismissals, among others).
Our team of lawyers specialized in administrative law has vast experience in the study of background, preparation of the theory of the case, representation and advice in the preliminary investigation, indictment and indictment, and oral and private hearing, issuance of final act, appeals stage, issuance of final act and even the exhaustion of administrative remedies if mandatory as in municipal matters or in some areas of administrative contracting.
We are in charge of gathering and preparing evidence according to the strategy and legal need, including party statements, witnesses, expert witnesses, documents and reports, judicial recognition, scientific and technological means, and any other non-prohibited means.
In addition, in Arista we offer a complete service and we provide legal representation in all the stages that are developed in the Summary Administrative Procedure, this procedure as its name indicates is faster and normally seeks to grant acts that benefit citizens, but in some cases the Administration uses them incorrectly and in Arista we are ready to protect your rights and interests.
At Arista, we provide high quality legal advice and representation in all stages of the judicial process of administrative and civil litigation. We have extensive experience both in the filing of lawsuits against the State or Public Entities and in the defense of the rights of the client who has been sued or is an interested party in any process of this nature.
The administrative litigation process is a legal procedure that seeks to resolve disputes between individuals and the Public Administration when the rights and interests of the former have been affected as a result of an administrative action.
In this type of process, the affected individual or company may challenge the acts or decisions adopted by the Administration, requesting their review and annulment.
Our service includes the preliminary background study, the preparation of the theory of the case, the preparation and presentation of the claim or answer to the claim and/or the presentation of counterclaim or counterclaim if applicable, also the preparation of evidence, attendance to conciliation hearings, preliminary hearing and oral trial hearing, filing of appeals against resolutions that are contrary to law (revocation, appeal, cassation, review).
In addition, we specialize in the sentence execution stage, presentation of the liquidation writ, attendance to the sentence execution hearing, follow up of the money transfer stage, until the finalization and filing of the file.
At Arista, we understand the importance of adequate legal representation in litigation proceedings, and we work in a personalized manner to meet the legal needs of each client.
In Costa Rica, a lawsuit against the State or Public Entities is a legal action that can be filed by any individual or legal entity when it has suffered some type of damage or harm as a result of the actions of the Public Administration.
The claim must be filed before the Contentious-Administrative Court, which is the judicial body in charge of hearing and resolving these types of matters. It is important to mention that the claim must contain a series of formal requirements, such as the identification of the claimant and the Administration being sued, a detailed description of the facts and the legal grounds on which the claim is based.
In Costa Rica, the liability of the State and the Public Entities is regulated in the Contentious Administrative Procedural Code, which establishes that the State and the Public Entities are liable for the damages caused as a consequence of their formal or material conduct, understood as the non-compliance with the obligations entrusted to them.
The judicial process for the processing of a lawsuit against the State or Public Entities in Costa Rica is similar to that followed in other countries. Once the claim has been filed, the defendant Administration has a period of time to answer it and, subsequently, a hearing is held in which the relevant evidence is taken and the reasons and arguments of each of the parties are presented.
Finally, the Court issues a judgment that may confirm or reject the claimant's claim and, if applicable, fix the amount of compensation to which he is entitled.
In Costa Rica, precautionary measures in contentious-administrative matters are provisional and may be ordered by the judge or court in order to guarantee the effectiveness of the judgment and protect the plaintiff's rights during the process.
These measures seek to prevent the delay in the process or the execution of the challenged act or decision from causing irreparable harm to the plaintiff.
Among the precautionary measures that may be adopted are the suspension of the execution of the challenged act, the adoption of measures that prevent the continuation of the challenged administrative action, the adoption of measures that allow the execution of the challenged administrative action but do not cause irreparable damage to the plaintiff, the adoption of measures for the conservation of property or rights subject to the process and the adoption of measures for the protection of fundamental rights.
It is important to mention that precautionary measures must be requested by one of the parties or the judge may adopt them if there is a situation of urgency or necessity that justifies their adoption.
Likewise, these measures are subject to the principle of proportionality, i.e., the measures adopted may not cause greater damage than that which the precautionary measure is intended to prevent.
We have extensive experience in the processing of legal proceedings that are resolved in the Administrative and Civil Court of the Treasury.
At Arista we offer high quality advice and services in order to defend your rights and interests.
The judicial process before the Contentious-Administrative Court is a legal action that may be brought by an individual or legal entity when damage or harm has occurred as a result of the actions of the Public Administration or claims established in special rules.
The judicial process before the Contentious-Administrative Court is initiated by filing a complaint, which must contain a series of formal requirements, such as the identification of the plaintiff and the defendant Administration, the description of the facts and the legal grounds on which the defendant relies.
Once the claim has been filed, the defendant Administration has a period of time to answer it, and subsequently a hearing is held in which the relevant evidence is taken and the reasons and arguments of each of the parties are presented. In some cases, the Contentious-Administrative Court may summon an oral hearing, in order to establish the facts in dispute and the evidence to be taken.
It is important to point out that the judicial process before the Contentious Administrative Court is governed by different special laws, rules that regulate the actions of the Public Administration, and that it is advisable to have the advice of a lawyer specialized in this matter to ensure an adequate defense of the rights and interests of the plaintiff.