Marta Esquivel Rodríguez, a candidate for deputy representing Heredia with the Pueblo Soberano party (PPSO), has filed a countersuit against the Costa Rican Social Security Fund (CCSS), seeking compensation of at least ¢119 million. The legal action comes in response to a case brought by the CCSS before the Administrative and Civil Court of Finance, which alleges that Esquivel received excess salary payments during her tenure as executive president.
In December 2023, the Comptroller General’s Office found that Esquivel’s monthly salary of ¢7,158,848 as executive president was not legal under Costa Rica’s Public Finance Strengthening Law. This law, effective since 2018, caps public sector salaries at no more than 20 times the base wage of the lowest category on the pay scale—currently ¢5,565,000 per month. The Comptroller ordered CCSS’s board to immediately adjust Esquivel’s salary and recover any overpayments or related expenses.
Esquivel’s countersuit, filed on October 31, 2025, claims three main categories for damages. First, she requests payment for lost wages due to reductions applied from March 2024 until her last day at CCSS on January 7, 2025—the difference between her gross salary of ¢7,670,194.29 and the imposed cap. Second, she seeks compensation for objective moral damage—an alleged injury to her honor and reputation—calculated at ¢3 million per month from December 2023 until a final court decision is reached. Thirdly, she asks for ¢20 million in subjective moral damages for emotional distress.
The total amount sought could increase over time due to additional claims for interest payments and adjustment for inflation if ordered by the court. The claim also includes associated labor benefits such as holiday bonuses and pension contributions.
The process began when CCSS’s board initiated a “lesividad” proceeding on March 19, 2024—a type of lawsuit where a state entity seeks to annul an act it previously authorized—aiming to nullify personnel action No. 435077-2022 that set Esquivel’s salary. In response to this process and in her countersuit filing, Esquivel argued that this document does not match those in her personal file or what she received upon appointment; instead she maintains another version signed by then-general manager is valid.
She further claimed that targeting this particular personnel action was inappropriate because it did not grant subjective rights but served only as payroll documentation. According to Esquivel, any challenge should have been directed at older board decisions setting executive salaries—which would now be beyond their four-year legal window for annulment—and newer ones merely confirmed existing amounts.
Esquivel also questioned how part of her salary was suspended starting May 2024 without proper notification or legal basis while board agreements remained valid according to her interpretation. She criticized some case documents being declared confidential—including board meeting minutes—limiting her access as an affected party and hampering her defense efforts.
“Until all information is available,” one document states from Esquivel’s filings with the court,“a very serious violation of my right to defense is taking place.”
She added that actions by CCSS and other authorities have left her further disadvantaged because prosecutors investigating “Caso Barrenador”—in which she is named as a suspect—have seized both personal and work computers needed for preparation of her defense strategy. She warned this issue would be taken up with the Inter-American Court of Human Rights due to resulting personal and family impacts supporting her moral damage claim.
