Tulum’s Unfair Lighting Fee Struck Down by Court

Mexico City, Mexico — The Supreme Court of Justice of the Nation (SCJN) has annulled part of the regulations in the municipality of Tulum, Quintana Roo, that allowed for an additional five percent charge on electricity rates to finance public lighting. The decision responds to the fact that this provision constituted a tax that only the Congress of the Union can regulate. Furthermore, it violated principles of proportionality and tax equity by being based on consumption rather than the actual cost of the service.

The action of unconstitutionality was promoted by the National Human Rights Commission (CNDH), which argued that this measure violated fundamental rights and contravened constitutional guidelines on tax collection. This ruling reaffirms the exclusive competence of the federal government to regulate the collection of taxes related to basic services and protects users from unfair charges.

In a broader context, this sentence reinforces the importance of local laws respecting constitutional attributions, ensuring that resources destined for the maintenance of public lighting are based on fair and transparent rates. The decision also sets a precedent on the supervision that authorities must exercise in matters of municipal taxation, promoting greater respect for the rights of citizens and avoiding arbitrary tariff burdens.