Questão jurídica principal
Whether the municipal surcharge for older unpaid sewer investments violated the constitutional prohibition of retroactive legislation.
Decisão extraída
Yes. A later fee may cover costs of newly created or upgraded sewage facilities, but not long-standing, already completed debts from earlier investments.
Fundamentação extraída
The court held that the challenged part of the surcharge was tied to a past, completed situation: earlier connected properties had already paid connection charges under the old regime. A new fee imposed years later to finance old deficits is governed by the prohibition on true retroactivity, and the lapse of time made the retroactive burden excessive.